How do we understand the hadith (If he gets drunk for the first time, flog him; if he gets drunk for the fourth time, kill him)?

The questioner : The Shaykh: How do we understand the hadith, meaning if he gets drunk for the fourth time, he is killed?

The Shaykh : This hadith is part of the Shari'ah policy (siyasa) that concerns rulers who judge by what Allah has revealed, and not those who do not judge by what Allah has revealed. If the Muslim ruler sees that drinking intoxicants has spread and become widespread in the Muslim community, and he sees the need to make the punishment more severe, he announces to the Muslims that whoever drinks for the first time will be flogged, the second time he will be flogged, the third time he will be flogged, and if he drinks for the fourth time, he will be killed. So, killing him for the fourth time is from the category of discretionary punishment (ta'zir), and not from the category of the fixed punishment (hadd) that is continuous. Is the answer clear?

The questioner: May Allah reward you with good.

The Shaykh : And I am going to leave in a quarter of an hour; it is now a quarter to one, so I will depart, if Allah wills, at one o'clock, because we have an appointment, and I do not want to waste this time for the sake of myself, or for my speech, or for delivering an impromptu address. Rather, it is necessary that at least some of you have a question that does not concern only him, but concerns all the Muslims collectively. So, whoever has such a question, let him use all of this time, or most of it, or part of it.
Abu Layla : Our brothers from Libya, give them the opportunity to ask.

The Shaykh : But note my previous condition that the question must be one whose answer benefits all those present. So, go ahead.