Is it permissible to increase the prescribed limits by analogy based on the hadith of Anas when 'Umar increased the limit for intoxicants?
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Question:
Is it understood from the hadith of Anas regarding 'Umar (may Allah be pleased with him) increasing the limit for intoxicants to eighty lashes that whenever there is a need to increase the limits, they are increased, such as if people today are not deterred by eighty lashes, they are increased? Or is it said that this is specific to 'Umar (may Allah be pleased with him)?
Answer:
No, the limits are not increased. It is not permissible to increase the prescribed limits. However, the limit is repeated for him; for every instance of the crime, the limit is repeated for him, and it is not increased. The limit remains the limit. But the issue of 'Umar's (may Allah be pleased with him) action in this matter is that the limit for intoxicants is a matter of probability, a matter of probability, because it is stated as "about forty" and forty was not specified. It is mentioned that some struck with a stick, some with a garment, and some with a sandal, so there is probability in it. That is, there is probability in the limit for intoxicants. Therefore, it became open to consideration by 'Umar (may Allah be pleased with him). As for the limits that have been established, it is not permissible to change them or increase them, not by 'Umar or by anyone else.
Is it understood from the hadith of Anas regarding 'Umar (may Allah be pleased with him) increasing the limit for intoxicants to eighty lashes that whenever there is a need to increase the limits, they are increased, such as if people today are not deterred by eighty lashes, they are increased? Or is it said that this is specific to 'Umar (may Allah be pleased with him)?
Answer:
No, the limits are not increased. It is not permissible to increase the prescribed limits. However, the limit is repeated for him; for every instance of the crime, the limit is repeated for him, and it is not increased. The limit remains the limit. But the issue of 'Umar's (may Allah be pleased with him) action in this matter is that the limit for intoxicants is a matter of probability, a matter of probability, because it is stated as "about forty" and forty was not specified. It is mentioned that some struck with a stick, some with a garment, and some with a sandal, so there is probability in it. That is, there is probability in the limit for intoxicants. Therefore, it became open to consideration by 'Umar (may Allah be pleased with him). As for the limits that have been established, it is not permissible to change them or increase them, not by 'Umar or by anyone else.
Source
قناة «العلامة الدكتور صالح الفوزان»، هل يزاد على الحدود المقدّرة قياسًا لحديث أنس عندما زاد عمر في حد الخمر؟ للشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
