The Ruling on the Punishment for the One Who Drinks Intoxicants
Machine translationRead the Arabic original
The questioner:
And from 'Aishah (may Allah be pleased with her), she said: What is the stronger position regarding drinking intoxicants? Is the fixed punishment applied, or is it a discretionary punishment?
The Shaykh:
The position of the majority of the scholars, or rather the consensus, is that the fixed punishment is applied. This is what the Companions agreed upon during the time of 'Umar ibn al-Khattab (may Allah be pleased with him); they agreed that the fixed punishment is eighty lashes, or the hadd.
The presenter:
Honorable Shaykh.
The Shaykh:
But 'Ali (may Allah be pleased with him), out of scrupulousness, out of scrupulousness, said this. Otherwise, he was the one who suggested to 'Umar the lashing of eighty lashes; he himself (may Allah be pleased with him) did so. But out of scrupulousness, and because the default regarding blood is security, he said this statement out of scrupulousness. Yes.
And from 'Aishah (may Allah be pleased with her), she said: What is the stronger position regarding drinking intoxicants? Is the fixed punishment applied, or is it a discretionary punishment?
The Shaykh:
The position of the majority of the scholars, or rather the consensus, is that the fixed punishment is applied. This is what the Companions agreed upon during the time of 'Umar ibn al-Khattab (may Allah be pleased with him); they agreed that the fixed punishment is eighty lashes, or the hadd.
The presenter:
Honorable Shaykh.
The Shaykh:
But 'Ali (may Allah be pleased with him), out of scrupulousness, out of scrupulousness, said this. Otherwise, he was the one who suggested to 'Umar the lashing of eighty lashes; he himself (may Allah be pleased with him) did so. But out of scrupulousness, and because the default regarding blood is security, he said this statement out of scrupulousness. Yes.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، كتاب الجهاد — islamhouse.com (26:27)
The Arabic text is a machine transcription of the audio recording.