عن أنس بن مالك -رضي الله عنه- «أَنَ النّبي -صلى الله عليه وسلم- أُتِي بِرَجُل قَدْ شَرِب الْخَمْرَ، فَجَلَدَهُ بِجَريدة نحو أربعين» [صحيح.] - [متفق عليه.] المزيــد ...
Anas bin Maalik, may Allah be pleased with him, reported: "A man who had drunk alcohol was brought to the Prophet, may Allah's peace and blessings be upon him, who hit him with a palm stalk with about forty lashes."
A man had drunk alcohol during the time of Prophet, may Allah's peace and blessings be upon him, so the Prophet hit him with a palm stalk with about forty lashes as a legal punishment for drinking alcohol. In his reign, Abu Bakr applied the same number of lashes to a drunkard. When ‘Umar became a Caliph and the Muslims conquered several countries and mingled with others, drinking alcohol became widespread. So ‘Umar, as usual, consulted the scholars of the Companions on what punishment to apply on the drunkards to deter them from committing that sin. It was ‘Umar's habit to seek counsel on matters of importance that required personal legal reasoning. As the number of drunkards increased during the reign of ‘Umar, ‘Abd-ur-Rahmaan ibn ‘Awf advised ‘Umar to increase the punishment of drunkards to eighty lashes so that it would become similar to the next lightest prescribed punishment, which is applicable to slanderers. So ‘Umar increased the punishment of drunkards to eighty lashes, forty as a prescribed legal punishment, and forty as an additional discretionary punishment left to the discretion of the ruler (or judge) when necessary.
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