Explanation of the Book of Inheritance, Fixed Punishments, and Blood Money-05a
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The reciter: Qutaybah narrated to us, Abd al-Wahhab narrated to us, from Ayub, from Ibn Abi Mulaikah, from 'Uqbah ibn al-Harith, who said: .
The Shaykh : Yes, it is clear here that the hadd for intoxicants or the punishment for intoxicants does not require that it be carried out in the presence of a crowd of people or in the markets. If he is struck in the house, in the court, or in the place of the committee, there is no harm. However, if the one in authority sees that the public benefit lies in striking him publicly in the markets, then the public benefit becomes obligatory.
And the apparent meaning of this hadith is problematic, in that the Messenger of Allah (peace and blessings be upon him) ordered him to be struck, despite the possibility that he was ignorant of the ruling. It is well known that there is no hadd and no discretionary punishment except for one who knows the ruling, because the ignorant person is exempted from sin and punishment[Al-Baqarah 2:286]?
It is said: Perhaps the Prophet (peace and blessings be upon him) knew the condition of this man and that he was aware of the ruling and that intoxicants are forbidden. Otherwise, if a man had not lived in the lands of the Muslims, had recently embraced Islam, and drank intoxicants after his conversion thinking that intoxicants were not forbidden, we would not flog him nor imprison him. Because ignorance is an excuse that removes sin in the Hereafter and removes punishment in this world.
The man known as al-Nu'ayman, or the son of al-Nu'ayman, was brought in while intoxicated, so the Prophet (peace and blessings be upon him) ordered those who were in the house to strike him. He said: So they struck him, and I was among those who struck him with sandals.
جيء بالنعيمان، أو بابن النعيمان، شاربا، فأمر النبي صلى الله عليه وسلم من كان بالبيت أن يضربوه، قال: فضربوه، فكنت أنا فيمن ضربه بالنعالThe Shaykh : Yes, it is clear here that the hadd for intoxicants or the punishment for intoxicants does not require that it be carried out in the presence of a crowd of people or in the markets. If he is struck in the house, in the court, or in the place of the committee, there is no harm. However, if the one in authority sees that the public benefit lies in striking him publicly in the markets, then the public benefit becomes obligatory.
And the apparent meaning of this hadith is problematic, in that the Messenger of Allah (peace and blessings be upon him) ordered him to be struck, despite the possibility that he was ignorant of the ruling. It is well known that there is no hadd and no discretionary punishment except for one who knows the ruling, because the ignorant person is exempted from sin and punishment
Our Lord, do not impose blame upon us if we have forgotten or erred.
ربنا لا تآخذنا إن نسينا أو أخطأناIt is said: Perhaps the Prophet (peace and blessings be upon him) knew the condition of this man and that he was aware of the ruling and that intoxicants are forbidden. Otherwise, if a man had not lived in the lands of the Muslims, had recently embraced Islam, and drank intoxicants after his conversion thinking that intoxicants were not forbidden, we would not flog him nor imprison him. Because ignorance is an excuse that removes sin in the Hereafter and removes punishment in this world.