Chapter on the Punishment for Intoxicants

The Shaykh : Then the author said: "Chapter on the Punishment for Intoxicants". The punishment: is the intent to define intoxicants, or to define the punishment for intoxicants? It is the punishment. And it is known from the author's wording that the punishment for the intoxicated person is a *hadd*, which is neither increased nor decreased, because all the *hudud* that the Lawgiver has established for crimes are neither increased nor decreased. Scholars have differed on this issue. Some hold that the punishment for the drinker of intoxicants falls under *ta'zir*, which is not less than forty lashes, because that is the minimum reported in the matter. However, the ruler may increase it if he sees the public benefit in doing so. These scholars argued that Allah, Glorified and Exalted is He, did not mention its limit in the Qur'an, and the Prophet (peace and blessings be upon him) did not mention its limit in the Sunnah, but rather said and did not specify it. These are two proofs.
The third point is that the Companions (may Allah be pleased with them), when a drinker was brought to them, would stand up and beat him with palm branches, sandals, the ends of garments, hands, and the like. If this had been a fixed *hadd* that could not be exceeded, it would have been necessary to regulate it precisely, so that not everyone who came would beat him.
Fourth, when the Companions (may Allah be pleased with them) consulted during the time of 'Umar, when the people had increased or when the people had increased in drinking, 'Abd al-Rahman ibn 'Awf said , and the Companions agreed to that. The indication from this hadith is that he said, "The lightest of the *hudud* is eighty." We know that the Messenger (peace and blessings be upon him) beat the drinker in his time about forty lashes, and in the time of Abu Bakr forty lashes. If it had been a *hadd*, the lightest of the *hudud* would have been forty. They also said, "The lightest of the *hudud* is eighty," or "eighty," and this indicates that it is permissible to exceed what the drinker was lashed with in the time of the Prophet (peace and blessings be upon him). If it had been a *hadd*, it would not have been permissible to exceed it. Moreover, 'Umar did not consult the Companions regarding the increase, even though he (may Allah be pleased with him) was known for standing by the limits of Allah, Glorified and Exalted is He.
They also argued with a fifth proof, which is the authentic hadith from 'Abdullah ibn 'Amr ibn al-'As . He mentioned that three times, then said . This is a proof that it is a punishment that progresses until it reaches killing. If it had been a limited *hadd*, the *hadd* in it would not change. This is the stronger position in my view: that it is *ta'zir*, but it is not less than the minimum estimate reported in the Sunnah. As for the increase, there is no harm in increasing it if the ruler sees the public benefit in doing so. The author's statement "intoxicant" is the active participle of *asakra* (to intoxicate). What is the meaning of *asakra*? The scholars said it means to cover the mind for the sake of pleasure and joy. Covering the mind has multiple aspects. If it is for the sake of pleasure, joy, intoxication, elevation, and exaltation, then that is intoxication. So the intoxicant is that which, when a person consumes it, covers his mind for the sake of pleasure and joy. It is forbidden. The intoxicant is forbidden, as the author (may Allah have mercy on him) said: "Every drink that intoxicates in large quantity, its small quantity is forbidden". This is a principle taken from the hadith. The Prophet (peace and blessings be upon him) said , and he said . The *firqa'* is a vessel that holds sixteen pounds, so a handful of it is forbidden. Accordingly, the author's statement here is a principle taken from the hadith.