Increasing 'Umar's ruling on the punishment for drinking intoxicants beyond forty lashes
Machine translationRead the Arabic original
Question:
It was previously established in the definition of a hudud (fixed Qur'anic punishments) that it is a punishment determined by the Shari'ah. However, 'Umar (may Allah be pleased with him) increased the punishment for the old man who drank intoxicants beyond forty lashes. Is this...
Answer:
...an analogy to the hudud for falsely accusing someone of zina (unlawful sexual intercourse)? Because when he is drunk, he is guided, and when he is guided, he fabricates, meaning he falsely accuses. So they analogized it to the hudud for falsely accusing someone of zina. They were more knowledgeable and more learned than us (may Allah be pleased with them all) and they agreed on this. So this is a matter of analogizing to the hudud for falsely accusing someone of zina. Yes.
It was previously established in the definition of a hudud (fixed Qur'anic punishments) that it is a punishment determined by the Shari'ah. However, 'Umar (may Allah be pleased with him) increased the punishment for the old man who drank intoxicants beyond forty lashes. Is this...
Answer:
...an analogy to the hudud for falsely accusing someone of zina (unlawful sexual intercourse)? Because when he is drunk, he is guided, and when he is guided, he fabricates, meaning he falsely accuses. So they analogized it to the hudud for falsely accusing someone of zina. They were more knowledgeable and more learned than us (may Allah be pleased with them all) and they agreed on this. So this is a matter of analogizing to the hudud for falsely accusing someone of zina. Yes.
Source
الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - 095-كتاب الحدود - القطع في حد السرقة وحد قطع الطريق - 12-2-2 — archive.org (1:25:13)
The Arabic text is a machine transcription of the audio recording.
