Reconciling: The killing of the drunkard after the fourth offense, and “The blood of a Muslim is not lawful”
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Question:
How do you reconcile the hadith regarding the killing of the drunkard after the fourth offense, meaning after his fourth drink, with the hadithSunan an-Nasa'i 4721Sahih (Darussalam)?
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send blessings and peace upon the Messenger of Allah, and upon his family, and his Companions, and whoever follows his guidance. As for what follows:
It has been mentioned previously, before the prayer in the gathering, and in the commentary on it, what indicates the severity of the prohibition of intoxicants and narcotics, and the great harms and dangers resulting from them in this world and the Hereafter. It was reported from him (peace and blessings be upon him) that he ordered the killing of the drinker of khamr (intoxicants) on the fourth offense, even if he is given the hadd (fixed punishment) on the first, and the hadd of flogging on the second, and the hadd of flogging on the third; if he returns to it on the fourth, he is killed; because by doing so he has become accustomed to corruption, and it becomes difficult for him to leave it. Therefore, in his killing lies relief for the people from his evil, and protection for him as well from remaining in the repetition of what harms him and does not benefit him.
However, the majority of the scholars, and most of the scholars, said: This is abrogated, and his killing on the fourth offense is abrogated by his (peace and blessings be upon him) saying:Sunan Abi Dawud 4352Sahih (Al-Albani).
They said: This indicates that anyone other than these three is not killed, but is dealt with by what is obligatory of hadd and ta'zir (discretionary punishment). And whoever said for his killing said: He is an exception, and that the evidence has been established for him, so he is excepted from these three, and is killed for his corruption in the land, and that his repetition of drinking khamr, and his habituation to it, makes him one of the corrupters, and one of the propagators of falsehood; so he is killed; so that the people may be relieved from his evil, and the society from his harms.
And this—as the precise scholars among the people of knowledge said—is a matter for consideration, for the one in authority looks into this matter, and exercises ijtihad (independent legal reasoning); if he sees the killing of one from whom this harm has recurred; he kills him, and if he sees that he should repeat the flogging a fourth, fifth, and sixth time; there is no harm. He looks into what is most beneficial, in which the benefit of the ummah (the Muslim community) and the pleasure of the Lord (Glorified and Exalted is He) are hoped for .
And likewise the propagators among the sellers of khamr, and others of the narcotics, and the intoxicants, the one in authority looks into that, and increases the punishment and ta'zir according to the extent of the propagation and corruption from the sellers of these things and their propagators, and the ta'zir may lead to the killing of this propagator so that the people are relieved from his spreading of corruption, and killing is not resorted to except in dire necessity, and at the extreme need, if he does not desist by the Shari'ah hudud (fixed Qur'anic punishments) and the Shari'ah ta'zirat (discretionary punishments). We ask Allah for safety.
How do you reconcile the hadith regarding the killing of the drunkard after the fourth offense, meaning after his fourth drink, with the hadith
It is not permissible to shed the blood of a Muslim except in one of three cases
لا يحل دم امرئ مسلم إلا بإحدى ثلاثAnswer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send blessings and peace upon the Messenger of Allah, and upon his family, and his Companions, and whoever follows his guidance. As for what follows:
It has been mentioned previously, before the prayer in the gathering, and in the commentary on it, what indicates the severity of the prohibition of intoxicants and narcotics, and the great harms and dangers resulting from them in this world and the Hereafter. It was reported from him (peace and blessings be upon him) that he ordered the killing of the drinker of khamr (intoxicants) on the fourth offense, even if he is given the hadd (fixed punishment) on the first, and the hadd of flogging on the second, and the hadd of flogging on the third; if he returns to it on the fourth, he is killed; because by doing so he has become accustomed to corruption, and it becomes difficult for him to leave it. Therefore, in his killing lies relief for the people from his evil, and protection for him as well from remaining in the repetition of what harms him and does not benefit him.
However, the majority of the scholars, and most of the scholars, said: This is abrogated, and his killing on the fourth offense is abrogated by his (peace and blessings be upon him) saying:
The blood of a Muslim man who testifies that there is no god but Allah and that I am the Messenger of Allah should not be lawfully shed but only for one of three reasons: married fornicator, soul for soul, and one who deserts his religion separating himself from the community.
لا يحل دم امرئ مسلم يشهد ألا إله إلا الله، وأني رسول الله إلا بإحدى ثلاث: الثيب الزاني، والنفس بالنفس، والتارك لدينه المفارق للجماعةThey said: This indicates that anyone other than these three is not killed, but is dealt with by what is obligatory of hadd and ta'zir (discretionary punishment). And whoever said for his killing said: He is an exception, and that the evidence has been established for him, so he is excepted from these three, and is killed for his corruption in the land, and that his repetition of drinking khamr, and his habituation to it, makes him one of the corrupters, and one of the propagators of falsehood; so he is killed; so that the people may be relieved from his evil, and the society from his harms.
And this—as the precise scholars among the people of knowledge said—is a matter for consideration, for the one in authority looks into this matter, and exercises ijtihad (independent legal reasoning); if he sees the killing of one from whom this harm has recurred; he kills him, and if he sees that he should repeat the flogging a fourth, fifth, and sixth time; there is no harm. He looks into what is most beneficial, in which the benefit of the ummah (the Muslim community) and the pleasure of the Lord (Glorified and Exalted is He) are hoped for .
And likewise the propagators among the sellers of khamr, and others of the narcotics, and the intoxicants, the one in authority looks into that, and increases the punishment and ta'zir according to the extent of the propagation and corruption from the sellers of these things and their propagators, and the ta'zir may lead to the killing of this propagator so that the people are relieved from his spreading of corruption, and killing is not resorted to except in dire necessity, and at the extreme need, if he does not desist by the Shari'ah hudud (fixed Qur'anic punishments) and the Shari'ah ta'zirat (discretionary punishments). We ask Allah for safety.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.