"The Messenger of Allah [SAW] said: 'Whoever drinks Khamr, whip him; then if he drinks (again), whip him; then if he drinks (again), whip him; then if he drinks (again), kill him.'"
Hadith Text & Context
"The Messenger of Allah [SAW] said: 'Whoever drinks Khamr, whip him; then if he drinks (again), whip him; then if he drinks (again), whip him; then if he drinks (again), kill him.'" (Sunan an-Nasa'i 5661)
This narration from The Book of Drinks addresses the severe prohibition of intoxicants (Khamr) in Islam and establishes the graduated punishment system for persistent offenders.
Definition of Khamr
Classical scholars define Khamr as any substance that intoxicates the mind, regardless of its source. Imam ash-Shafi'i stated: "Khamr is what clouds the intellect from its proper state." This includes wine, beer, and all alcoholic beverages.
The prohibition extends beyond mere consumption to include production, transportation, and trade of intoxicants, as established in other authentic narrations.
Graduated Punishment System
The first three offenses merit corporal punishment (whipping) as determined by the Islamic judge. The number of lashes is established in other narrations as forty, following the example of Caliph Ali (RA).
The fourth offense's capital punishment represents the ultimate deterrent for those who persistently defy Allah's prohibition. Scholars note this extreme measure applies only after three previous convictions and proper counseling.
Scholarly Interpretation
Imam an-Nawawi explains this hadith demonstrates the severity of drinking Khamr, which corrupts both religion and worldly affairs. The graduated punishment shows Islam's mercy in providing multiple opportunities for repentance.
Most classical scholars held that the capital punishment was applicable during the early Islamic period but was later abrogated by the Caliphs, who established fixed corporal punishment instead. This reflects Islam's evolving legal wisdom.
Contemporary Application
Modern scholars emphasize that this narration underscores the gravity of intoxication while noting that contemporary legal systems may implement different punitive measures appropriate to their contexts.
The primary lesson remains the absolute prohibition of intoxicants and the importance of preserving human intellect - one of the five essential purposes of Islamic law (maqasid ash-shari'ah).