The author's statement regarding the hadd punishment for drinking intoxicants: "Forty lashes with the whip." Is this the stronger position?
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The questioner : The author's statement "Forty lashes with the whip" Is this the stronger position?
The Shaykh : It appears that this is the stronger position, because we have seen that zina is among the greatest of the major sins, and Allah has specified the punishment for it, even for a slave, according to the view of the majority...
The questioner : The stronger position... is that it is what is upon him.
The Shaykh : It is precise, even for a slave, according to the view of the majority. If that is the case, then they analogize all other punishments to it. Furthermore, it is generally the case that slaves are not like free people in terms of dignity, and they may be under pressure, and they may perhaps be lured into these sins. If we say, may Allah reward you, if we adopt the stronger position, there is no problem at all. If we adopt the stronger position that it is ta'zir, then if it cannot be deterred except by ta'zir of eighty or one hundred lashes, there is no obstacle.
The questioner : But according to the position of the hadd, meaning the generality of the evidence.
The Shaykh : We have no evidence regarding khamr at all.
The questioner : The era of 'Umar.
The Shaykh : No, it is known that in the era of 'Umar, it has not reached me that those who drank were slaves. So these are cases, meaning it is not a general statement. Yes.
The Shaykh : It appears that this is the stronger position, because we have seen that zina is among the greatest of the major sins, and Allah has specified the punishment for it, even for a slave, according to the view of the majority...
The questioner : The stronger position... is that it is what is upon him.
The Shaykh : It is precise, even for a slave, according to the view of the majority. If that is the case, then they analogize all other punishments to it. Furthermore, it is generally the case that slaves are not like free people in terms of dignity, and they may be under pressure, and they may perhaps be lured into these sins. If we say, may Allah reward you, if we adopt the stronger position, there is no problem at all. If we adopt the stronger position that it is ta'zir, then if it cannot be deterred except by ta'zir of eighty or one hundred lashes, there is no obstacle.
The questioner : But according to the position of the hadd, meaning the generality of the evidence.
The Shaykh : We have no evidence regarding khamr at all.
The questioner : The era of 'Umar.
The Shaykh : No, it is known that in the era of 'Umar, it has not reached me that those who drank were slaves. So these are cases, meaning it is not a general statement. Yes.