The ruling on defining Hajj as a punishment prescribed by the Shari'ah
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Question:
Allah is with you. The questioner says: Is it correct to define Hajj as a punishment prescribed by the Shari'ah, even though 'Umar's act of drinking intoxicants exceeded forty [times]? So,
Answer:
did they compare it to the hadd punishment for false accusation of adultery? Because if he breaks his fast, he is liable for the hadd, and if he breaks his fast, he fabricates [the accusation], meaning he is diverted [from the hadd]. So they compared it, and they were more learned in jurisprudence and more knowledgeable than us, may Allah be pleased with them all, and they agreed on this. So this falls under the category of analogical reasoning (qiyas) to the hadd for false accusation of adultery. Yes.
Allah is with you. The questioner says: Is it correct to define Hajj as a punishment prescribed by the Shari'ah, even though 'Umar's act of drinking intoxicants exceeded forty [times]? So,
Answer:
did they compare it to the hadd punishment for false accusation of adultery? Because if he breaks his fast, he is liable for the hadd, and if he breaks his fast, he fabricates [the accusation], meaning he is diverted [from the hadd]. So they compared it, and they were more learned in jurisprudence and more knowledgeable than us, may Allah be pleased with them all, and they agreed on this. So this falls under the category of analogical reasoning (qiyas) to the hadd for false accusation of adultery. Yes.
Source
زيادة عمر رضي الله تعالى عنه في حد الخمر — alfawzan.live
The Arabic text is a machine transcription of the audio recording.