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Sunan Abi Dawud 4480 (Book 40, Hadith 130) #24771
Punishment for Drinking Wine According to Sunnah

SUMMARY: This hadith is about Uthman ibn Affan punishing al-Walid ibn Uqbah for drinking wine, and the importance of following the standard practice set by Prophet Muhammad (PBUH) and Abu Bakr.

Hudayn ibn al-Mundhir ar-Ruqashi, who was AbuSasan, said: I was present with Uthman ibn Affan when al-Walid ibn Uqbah was brought to him. Humran and another man bore witness against him (for drinking wine). One of them testified that he had seen him drinking wine, and the other testified that he had seen him vomiting it. Uthman said: He could not vomit it, unless he did not drink it. He said to Ali: Inflict the prescribed punishment on him. Ali said to al-Hasan: Inflict the prescribed punishment on him. Al-Hasan said: He who has enjoyed its pleasure should also bear its burden. So Ali said to Abdullah ibn Ja'far: Inflict the prescribed punishment on him. He took a whip and struck him with it while Ali was counting. When he reached (struck) forty (lashes), he said: It is sufficient. The Prophet gave forty lashes. I think he also said: "And AbuBakr gave forty lashes, and Uthman eighty. This is all sunnah (standard practice). And this is dearer to me".
حَدَّثَنَا مُسَدَّدُ بْنُ مُسَرْهَدٍ، وَمُوسَى بْنُ إِسْمَاعِيلَ، - الْمَعْنَى - قَالاَ حَدَّثَنَا عَبْدُ الْعَزِيزِ بْنُ الْمُخْتَارِ، حَدَّثَنَا عَبْدُ اللَّهِ الدَّانَاجُ، حَدَّثَنِي حُضَيْنُ بْنُ الْمُنْذِرِ الرَّقَاشِيُّ، - هُوَ أَبُو سَاسَانَ - قَالَ شَهِدْتُ عُثْمَانَ بْنَ عَفَّانَ وَأُتِيَ بِالْوَلِيدِ بْنِ عُقْبَةَ فَشَهِدَ عَلَيْهِ حُمْرَانُ وَرَجُلٌ آخَرُ فَشَهِدَ أَحَدُهُمَا أَنَّهُ رَآهُ شَرِبَهَا - يَعْنِي الْخَمْرَ - وَشَهِدَ الآخَرُ أَنَّهُ رَآهُ يَتَقَيَّأُهَا فَقَالَ عُثْمَانُ إِنَّهُ لَمْ يَتَقَيَّأْهَا حَتَّى شَرِبَهَا ‏.‏ فَقَالَ لِعَلِيٍّ رضى الله عنه أَقِمْ عَلَيْهِ الْحَدَّ ‏.‏ فَقَالَ عَلِيٌّ لِلْحَسَنِ أَقِمْ عَلَيْهِ الْحَدَّ ‏.‏ فَقَالَ الْحَسَنُ وَلِّ حَارَّهَا مَنْ تَوَلَّى قَارَّهَا ‏.‏ فَقَالَ عَلِيٌّ لِعَبْدِ اللَّهِ بْنِ جَعْفَرٍ أَقِمْ عَلَيْهِ الْحَدَّ ‏.‏ قَالَ فَأَخَذَ السَّوْطَ فَجَلَدَهُ وَعَلِيٌّ يَعُدُّ فَلَمَّا بَلَغَ أَرْبَعِينَ قَالَ حَسْبُكَ جَلَدَ النَّبِيُّ أَرْبَعِينَ - أَحْسِبُهُ قَالَ - وَجَلَدَ أَبُو بَكْرٍ أَرْبَعِينَ وَعُمَرُ ثَمَانِينَ وَكُلٌّ سُنَّةٌ وَهَذَا أَحَبُّ إِلَىَّ

TOPICS
punishment  *  drinking  *  wine  *  practice  *  affan  *  bakr

QUICK LESSONS:
Follow established standards set by Prophet Muhammad PBUH & his companions ; Respect & obey religious scholars ; Adhere strictly to Islamic jurisprudence ; Take responsibility for one’s actions ; Be just & fair while meting out punishments etc..

EXPLANATIONS:
This hadith is about the punishment that should be given to those who drink wine. It was narrated by Hudayn ibn al-Mundhir ar-Ruqashi, who was AbuSasan. He said that he was present with Uthman ibn Affan when al-Walid ibn Uqbah was brought to him for drinking wine. Two men bore witness against him and testified that they had seen him drinking it and vomiting it respectively. Upon hearing this, Uthman said that he could not vomit it unless he did not drink it in the first place. He then asked Ali to inflict the prescribed punishment on him which Ali delegated to Al Hasan and Abdullah Ibn Ja'far respectively until forty lashes were inflicted on Al Walid as per Prophet Muhammad's standard practice of forty lashes for such an offense as well as eighty lashes according to what Abu Bakr did in similar cases before them. The main idea behind this hadith is that one should follow the standard practices set by Prophet Muhammad PBUH and his companions when dealing with such matters instead of deviating from them or making up their own rules without consulting religious scholars or experts in Islamic jurisprudence first.

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