A question regarding the Sunnah of the Rightly Guided Caliphs - and the discussion on the hadd of flogging and its minimum
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The questioner : ... the path is that 'Umar (may Allah be pleased with him)
The Shaykh : What?
The questioner : 'Umar (may Allah be pleased with him) ...
The Shaykh : What?
The questioner : ...
The Shaykh : Yes
The questioner : ...
The Shaykh : What makes you think that it is contrary
The questioner : ...
The Shaykh : 'Ali ibn Abi Talib says that the Messenger did not establish a hadd in it, in al-Bukhari, regarding drinking intoxicants. Do you think that 'Umar and the other Companions who advised him would implement a hadd that contradicts the hadd of the Messenger? So there is no hadd in it. Even 'Abd al-Rahman ibn 'Awf said "The lightest of the huddud is eighty", and this is an explicit text that the punishment for the drinker of intoxicants is not a hadd. And this is what we see: that the punishment for the drinker of intoxicants does not fall under the huddud, but it is not less than forty, meaning the least that has been reported in it is forty.
The student: As a discretionary punishment
The Shaykh : Yes, as a discretionary punishment, as a discretionary punishment. And for this reason, if the ruler now sees that eighty lashes are not sufficient, he has the right to increase them.
The student: Regarding completing the research of Brother Salih
The Shaykh : Yes
The student: Brother Salih is completing the research
The Shaykh : What?
The student: The research regarding the transfer of the Shaykh al-Islam
The Shaykh : Who is he?
The student: Brother Salih
The Shaykh : Yes
The student: Completing ...
The Shaykh : There is no harm.
The Shaykh : What?
The questioner : 'Umar (may Allah be pleased with him) ...
The Shaykh : What?
The questioner : ...
The Shaykh : Yes
The questioner : ...
The Shaykh : What makes you think that it is contrary
The questioner : ...
The Shaykh : 'Ali ibn Abi Talib says that the Messenger did not establish a hadd in it, in al-Bukhari, regarding drinking intoxicants. Do you think that 'Umar and the other Companions who advised him would implement a hadd that contradicts the hadd of the Messenger? So there is no hadd in it. Even 'Abd al-Rahman ibn 'Awf said "The lightest of the huddud is eighty", and this is an explicit text that the punishment for the drinker of intoxicants is not a hadd. And this is what we see: that the punishment for the drinker of intoxicants does not fall under the huddud, but it is not less than forty, meaning the least that has been reported in it is forty.
The student: As a discretionary punishment
The Shaykh : Yes, as a discretionary punishment, as a discretionary punishment. And for this reason, if the ruler now sees that eighty lashes are not sufficient, he has the right to increase them.
The student: Regarding completing the research of Brother Salih
The Shaykh : Yes
The student: Brother Salih is completing the research
The Shaykh : What?
The student: The research regarding the transfer of the Shaykh al-Islam
The Shaykh : Who is he?
The student: Brother Salih
The Shaykh : Yes
The student: Completing ...
The Shaykh : There is no harm.