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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is the drinker of intoxicants killed on the fourth offense?

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The Shaykh : If people do not stop except by killing, and a person repeatedly drinks intoxicants despite being punished, then he is killed. This is why the hadith of 'Abdullah ibn 'Amr ibn al-'As came, in which he said:
Whoever drinks Khamr, whip him; then if he drinks (again), whip him; then if he drinks (again), whip him; then if he drinks (again), kill him. من شرب الخمر فاجلدوه ثم إن شرب فاجلدوه ثم إن شرب فاجلدوه ثم إن شرب فاقتلوه
Sunan an-Nasa'i 5661Sahih (Darussalam)
on the fourth time, if he does not stop, he is killed. The scholars differed on the derivation of this hadith. Some said that this hadith is abrogated and that if a drinker of intoxicants repeats his drinking, he is not killed. Some said that it is decisive and that he must be killed on the fourth time. Some distinguished and said that if people do not stop without killing, then he is killed on the fourth time. This is the choice of Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him). The view that he is killed absolutely is the position of the Zahiri school. The view that the hadith is abrogated is the position of the majority of jurists. What the soul finds peace with is what Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) chose: that if we punish the man three times and he returns to it on the fourth, and people do not stop without killing, then we kill him so that people will stop drinking intoxicants.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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