Guarantee of one who died while receiving discretionary punishment and the amount of discretionary punishment
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The questioner:
The hadith of 'Abdullah ibn Khudhaj was transmitted through sound chains.
The Shaykh:
He mentioned the narrators, listing them as chains and corroborating narrations, and the Hafiz was likewise cautious. Yes.
The questioner:
If he died while receiving the discretionary punishment, may Allah protect him, does he die from it?
The Shaykh:
The closer view is that he is not liable for it, but if he takes precaution regarding it, there is no harm. Yes.
The questioner:
Is this specific to the drinker of intoxicants if he dies?
The Shaykh:
No, it applies to all discretionary punishments, all of them, because discretionary punishment is not a clear fixed limit.
The questioner:
It is permissible for the discretionary punishment to reach four hundred lashes.
The Shaykh:
This is a matter of scholarly disagreement. When they differed on this, some said it does not reach the fixed limit, but is less than it, so it does not reach forty, but is reduced to thirty. Some said every sin has its own measure; if the sin concerned women, it does not reach one hundred lashes, meaning in cases of unlawful sexual intercourse. In cases of falsely accusing someone of unlawful sexual intercourse, it does not reach eighty. In cases of intoxication, it does not reach nine to forty, or to eighty, depending on the difference in the limit. And if it was in cases of falsely accusing someone of unlawful sexual intercourse, it does not reach eighty. And it is said that the limit for a slave is considered, so on this view, it does not reach forty, if the limit for a slave is forty, which is less in cases of falsely accusing someone of unlawful sexual intercourse. The chosen view is that this varies according to the crimes, even if it exceeds one hundred, or even if it exceeds more than that. Yes. And if it is repeated, the discretionary punishment varies; some of it may be more severe than the fixed limit. Yes.
The questioner:
Exceeding the limit.
The Shaykh:
Yes, and for this reason, 'Umar lashed a man one hundred times for tattooing, and repeated it for several Fridays.
Another questioner:
In the name of Allah, the Most Gracious, the Most Merciful.
The questioner:
No, no, in discretionary punishment and...
The Shaykh:
If you take precaution, that is better. As for the habitual drinker, there is nothing on him if he sought obedience to Allah and sought the benefit of the Muslims, then there is no harm. Yes.
The hadith of 'Abdullah ibn Khudhaj was transmitted through sound chains.
The Shaykh:
He mentioned the narrators, listing them as chains and corroborating narrations, and the Hafiz was likewise cautious. Yes.
The questioner:
If he died while receiving the discretionary punishment, may Allah protect him, does he die from it?
The Shaykh:
The closer view is that he is not liable for it, but if he takes precaution regarding it, there is no harm. Yes.
The questioner:
Is this specific to the drinker of intoxicants if he dies?
The Shaykh:
No, it applies to all discretionary punishments, all of them, because discretionary punishment is not a clear fixed limit.
The questioner:
It is permissible for the discretionary punishment to reach four hundred lashes.
The Shaykh:
This is a matter of scholarly disagreement. When they differed on this, some said it does not reach the fixed limit, but is less than it, so it does not reach forty, but is reduced to thirty. Some said every sin has its own measure; if the sin concerned women, it does not reach one hundred lashes, meaning in cases of unlawful sexual intercourse. In cases of falsely accusing someone of unlawful sexual intercourse, it does not reach eighty. In cases of intoxication, it does not reach nine to forty, or to eighty, depending on the difference in the limit. And if it was in cases of falsely accusing someone of unlawful sexual intercourse, it does not reach eighty. And it is said that the limit for a slave is considered, so on this view, it does not reach forty, if the limit for a slave is forty, which is less in cases of falsely accusing someone of unlawful sexual intercourse. The chosen view is that this varies according to the crimes, even if it exceeds one hundred, or even if it exceeds more than that. Yes. And if it is repeated, the discretionary punishment varies; some of it may be more severe than the fixed limit. Yes.
The questioner:
Exceeding the limit.
The Shaykh:
Yes, and for this reason, 'Umar lashed a man one hundred times for tattooing, and repeated it for several Fridays.
Another questioner:
In the name of Allah, the Most Gracious, the Most Merciful.
The questioner:
No, no, in discretionary punishment and...
The Shaykh:
If you take precaution, that is better. As for the habitual drinker, there is nothing on him if he sought obedience to Allah and sought the benefit of the Muslims, then there is no harm. Yes.
Source
شرح بلوغ المرام [ ابن باز ] [ الشرح القديم ]، بداية من باب حد السرقة — islamhouse.com (1:25:55)
The Arabic text is a machine transcription of the audio recording.