'Umar’s exceeding forty lashes in the hadd for drinking intoxicants
Machine translationRead the Arabic original
Question:
May Allah guide you. The questioner says: It was previously defined that the hadd is a punishment prescribed by the Shari'ah, yet 'Umar (may Allah be pleased with him) increased the punishment for drinking intoxicants beyond forty lashes. So is it…?
Answer:
They analogized it to the hadd for falsely accusing someone of zina, because if he covers up, he is guided, and if he is guided, he fabricates, meaning he accuses falsely. So they analogized it to that, and they were more knowledgeable and more learned than us, and they agreed upon it. So this falls under the category of analogizing to the hadd for falsely accusing someone of zina.
May Allah guide you. The questioner says: It was previously defined that the hadd is a punishment prescribed by the Shari'ah, yet 'Umar (may Allah be pleased with him) increased the punishment for drinking intoxicants beyond forty lashes. So is it…?
Answer:
They analogized it to the hadd for falsely accusing someone of zina, because if he covers up, he is guided, and if he is guided, he fabricates, meaning he accuses falsely. So they analogized it to that, and they were more knowledgeable and more learned than us, and they agreed upon it. So this falls under the category of analogizing to the hadd for falsely accusing someone of zina.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/131 شرح زاد المستقنع/ صالح الفوزان — youtube.com (1:12:05)
The Arabic text is a machine transcription of the audio recording.