The Book of Legal Punishments

كتاب الحدود

Chapter 8: Hadd punishment for drinking alcohol

Hudain b. al-Mundhir Abu Sasan reported

I saw that Walid was brought to Uthmin b. 'Affan as he had prayed two rak'ahs of the dawn prayer, and then he said: I make an increase for you. And two men bore witness against him. One of them was Humran who said that he had drunk wine. The second one gave witness that he had seen him vomiting. Uthman said: He would not have vomited (wine) unless he had drunk it. He said: 'Ali, stand up and lash him. 'Ali said: Hasan, stand up and lash him. Thereupon Hasan said: Let him suffer the heat (of Caliphate) who has enjoyed its coolness. ('Ali felt annoyed at this remark) and he said: 'Abdullah b. Ja'far, stand up and flog him, and he began to flog him and 'Ali counted the stripes until these were forty. He (Hadrat 'Ali) said: Stop now, and then said: Allah's Apostle (ﷺ) gave forty stripes, and Abu Bakr also gave forty stripes, and Umar gave eighty stripes, and all these fall under the category of the Sunnab, but this one (forty stripes) is dearer to me.

Ali reported

If I impose Hadd on anyone, and he (in course of punish ment) dies, I would not mind except in case of a drunkard. If he dies. I would pay indemnity for him because the Messenger of Allah (ﷺ) has laid down no rule for it.

This hadith is narrated on the authority of Sufyan.

Chapter 9: Number of lashes in the case of ta'zeer

Abu Barda Ansari reported Allah's Messenger (ﷺ) as saying

None should be given more than ten lashes, but in case of any Hadd out of the Huded of Allah.

Chapter 10: The Hadd punishments are an expiation for those on whom they are carried out

Ubida b. as-Samit reported

While we were in the company of Allah's Messenger (may peace be upoi him) he said: Swear allegiance to me that you will not associate anything with Allah, that you will not commit adultery, that you will not steal, that you will not take any life which it is forbidden by Allah to take but with (legal) justification; and whoever among you fulfils it, his reward is with Allah and he who commits any such thing and is punished for it, that will be all atonement for it And if anyone commits anything and Allah conceals (his faultfls), his matter rests with Allah. He may forgive if He likes, and He may punish him if He likes.

This hadith has been narrated on the authority of Zuhri with the same chain of transmitters with this addition

" He recited to us the verse pertaining to women, viz, that they will not associate anything with Allah.

'Ubida b. as-Samit reported

Allah's Messenger (ﷺ) took (a pledge) from us as he took from the women that we will not associate anything with Allah and we will not steal, and we will not commit adultery, and we will not kill our children, and we will not bring calumny upon one another. And he who amongst you fulfils (this pledge), his reward rests with Allah, and he upon whom amongst you is imposed the prescribed punishment and that is carried out, that is his expiation (for that sin), and he whose (sins) were covered by Allah, his matter rests with Allah. He may punish him if He likes or may forgive him if He so likes.

Ubida b. as-Samit repnrted

I was one of those headmen who swore allegiance to Allah's Messenger (ﷺ) that we will not associate anything with Allah, and will not commit adultery, and will not steal, and will not kill any soul which Allah has forbidden, but with justice nor plunder, nor disobey (Allah and His Apostle), then Paradise (will be the reward) in case we do these (acts) ; and if we commit any outrage (and that goes unpunished in the world), it is Allah Who would decide about it. Ibn Rumh said: Its judgment lies with Allah.

Chapter 11: There is no Diyah for injuries caused by animals or by falling into a mine or well

Abu Huraira reported Allah's Messenger (ﷺ) as saying

No requital is payable for a wound caused by an animal, for (falling into) a well and a mine, and one-fifth (is the share of the government) in the buried treasure (treasure-trove).

A hadith like this has been transmitted on the authority of Zuhri.

A hadith like this has been transmitted on the authority of Abu Huraira.

Abu Huraira reported Allah's Messenger (ﷺ) as saying

The wound caused (by falling) in the well, in the mine, and caused bv the animal has no requital for it; and there is one-fifth (for the government) in the buried treasure.

A hadith like this has been transmitted on the authority of Abu Huraira.