Sunan Abi Dawud

The Prophet (ﷺ) gave a beating with palm-branches and sandals for drinking wine and Abu Bakr gave lashes. When ‘Umar came to power, he called upon people and said to them: The people are living now near watering placing, and, according to Musaddad’s version, “near villages and watering places, so what do you say about the punishment for (drinking) wine? ‘Abd al-Rahman b. ‘Awf said: We think that you should prescribe the lightest punishment. So he fixed eight lashes for it. Abu Dawud said: It has also been transmitted by Ibn Al 'Arubah from Qatadah from the Prophet (ﷺ) to the effect that he gave a beating forty times with palm branches and sandals. And Shu'bah narrated it from Qatadah on the authority of Anas from Prophet (ﷺ). This version has: He gave a beating with two palm-branches about forty times.

I was present with Uthman ibn Affan when al-Walid ibn Uqbah was brought to him. Humran and another man bore witness against him (for drinking wine). One of them testified that he had seen him drinking wine, and the other testified that he had seen him vomiting it. Uthman said: He could not vomit it, unless he did not drink it. He said to Ali: Inflict the prescribed punishment on him. Ali said to al-Hasan: Inflict the prescribed punishment on him. Al-Hasan said: He who has enjoyed its pleasure should also bear its burden. So Ali said to Abdullah ibn Ja'far: Inflict the prescribed punishment on him. He took a whip and struck him with it while Ali was counting. When he reached (struck) forty (lashes), he said: It is sufficient. The Prophet (ﷺ) gave forty lashes. I think he also said: "And AbuBakr gave forty lashes, and Uthman eighty. This is all sunnah (standard practice). And this is dearer to me."

The Messenger of Allah (ﷺ) and AbuBakr gave forty lashes for drinking wine and Umar made it eighty. And all this is sunnah, the model and standard practice. Abu Dawud said: Al-Asma'i explaning the maxim, "He who enjoys its cold should bear its heat," said: He who enjoys the easy if it should also take the responsibility of the hard of it. Abu Dawud said: Hudain b. al-Mundhir Abu Sasan was the leader of his tribe.

The Prophet (ﷺ) said: If they (the people) drink wine, flog them, again if they drink it, flog them. Again if they drink it, kill them.

I think he said for the fifth time: If he drinks it, kill him. Abu Dawud said: And similarly the word “a fifth time” occurs in the tradition of Abu Ghutaif.

The Prophet (ﷺ) said: If he is intoxicated, flog him; again if he is intoxicated, flog him; again if he is intoxicated, flog him if he does it again a fourth time, kill him. Abu Dawud said: And there is a similar tradition of Umar ibn AbuSalamah, from his father, on the authority of AbuHurayrah, from the Prophet (ﷺ): If he drinks wine, flog him if he does it so again, a fourth time, kill him. Abu Dawud said: And there is similar tradition of Suhail from Abu Salih on the authority of Abu Hurairah, from the Prophet (ﷺ): It they drink a fourth time, kill them. And there is similar tradition of Ibn Abi Nu'm on the authority of Ibn 'Umar from Prophet (ﷺ). There is also similar tradition of 'Abd Allah b. 'Amr from the Prophet (ﷺ), and from Sharid from the Prophet (ﷺ). And in the tradition of al-Jadli from Mu'awiyah, the Prophet (ﷺ) said: If he does so again third or fourth time, kill him.

The Prophet (ﷺ) said: If anyone drinks wine, flog him; if he repeats it, flog him, and if he repeats it, flog him. If he does it again a third or a fourth time, kill him. A man who had drunk wine was brought (to him) and he gave him lashes. He was again brought to him, and he flogged him. He was again brought to him and he flogged him. He was again brought to him and he flogged him. The punishment of killing (for drinking) was repealed, and a concession was allowed. Sufyan said: Al-Zuhri transmitted this tradition when Mansur b. al-Mu'tamir amd Mukhawwal b. Rashid were present with him. He said to them: Take this tradition as a present to the people of Iraq. Abu Dawud said: This tradition has been transmitted by al-Sharid b. Suwaid, Sharahbil b. Aws, 'Abd Allah b. 'Amr, 'Abd Allah b. 'Umar, Abu Ghutaif al-Kindi, and Abu Salamah b. 'Abd al-Rahman from Abu Hurairah.

I shall not pay blood-money or (he said) : I am not going to pay blood-money for him on whom I inflicted the prescribed punishment except for the one who drank wine, for the Messenger of Allah (ﷺ) did not prescribe anything definite. It is a thing which we have decided (by agreement) ourselves.

I can still picture myself looking at the Messenger of Allah (ﷺ) who was among the camps of the Companions seeking the camp of Khalid ibn al-Walid, when a man who had drunk wine was brought before him. He asked the people: Beat him. Some struck him with sandals, some with sticks and some with fresh branches of the palm-tree (mitakhah). Ibn Wahb said: This (mitakhah) means green palm fronds. Then the apostle of Allah (ﷺ) took some dust from the ground and threw it on his face.

A man who had drunk wine was brought before the Prophet (ﷺ) when he was in Hunayn. He threw some dust on his face. He then ordered his Companions and they beat him with their sandals and whatever they had in their hands. He then said to them: Leave him, and they left him. The Messenger of Allah (ﷺ) then died, and AbuBakr gave forty lashes for drinking wine, and then Umar in the beginning of his Caliphate inflicted forty stripes and at the end of his Caliphate he inflicted eighty stripes. Uthman (after him) inflicted both punishments, eighty and forty stripes, and finally Mu'awiyah established eighty stripes.

I saw the Messenger of Allah (ﷺ) on the morning of the conquest of Mecca when I was a young boy. He was walking among the people, seeking the camp of Khalid ibn al-Walid. A man who had drunk wine was brought (before him) and he ordered them (to beat him). So they beat him with what they had in their hands. Some struck him with whips, some with sticks and some with sandals. The Messenger of Allah (ﷺ) threw some dust on his face. When a man who had drunk wine was brought before AbuBakr, he asked them (i.e. the people) about the number of beatings which they gave him. They numbered it forty. So AbuBakr gave him forty lashes. When Umar came to power, Khalid ibn al-Walid wrote to him: The people have become addicted to drinking wine and they look down upon the prescribed punishment and its penalty. He said: They are with you, ask them. The immigrants who embraced Islam in the beginning were with him. He asked them and they agreed on the fact that (a drunkard) should be given eighty lashes. Ali said: When a man drinks wine, he tells lies. I, therefore, think that he should be prescribed punishment that is prescribed for telling lies.. Abu Dawud said: 'Uqail b. Khalid included in the chain of this tradition: "Abd Allah b. Abd al-Rahman b. al-Azhar from his father" between al-Zuhri and Ibn al-Azhar.

The Messenger of Allah (ﷺ) forbade to take retaliation in the mosque, to recite verses in it and to inflict the prescribed punishments in it.

No more than ten lashes are to be given, except in the case of one of the punishment prescribed by Allah, the Exalted.

I heard the Messenger of Allah (ﷺ) say. . . He then mentioned the tradition to the same effect.

The Prophet (ﷺ) said: When one of you inflicts a beating, he should avoid striking the face.

Qurayzah and Nadir (were two Jewish tribes). An-Nadir were nobler than Qurayzah. When a man of Qurayzah killed a man of an-Nadir, he would be killed. But if a man of an-Nadir killed a man of Qurayzah, a hundred wasq of dates would be paid as blood-money. When Prophethood was bestowed upon the Prophet (ﷺ), a man of an-Nadir killed a man of Qurayzah. They said: Give him to us, we shall kill him. They replied: We have the Prophet (ﷺ) between you and us. So they came to him. Thereupon the following verse was revealed: "If thou judge, judge in equity between them." "In equity" means life for a life. The following verse was then revealed: "Do they seek of a judgment of (the days) ignorance?" Abu Dawud said: Quraizah and al-Nadir were the descendants of Harun the Prophet (peace be upon him)

I went to the Prophet (ﷺ) with my father. The Messenger of Allah (ﷺ) then asked my father: Is this your son? He replied: Yes, by the Lord of the Ka'bah. He again said: Is it true? He said: I bear witness to it. The Messenger of Allah (ﷺ) then smiled for my resemblance with my father, and for the fact that my father took an oath upon me. He then said: He will not bring evil on you, nor will you bring evil on him. The Messenger of Allah (ﷺ) recited the verse: "No bearer of burdens can bear the burden of another."

The Prophet (ﷺ) said: If a relative of anyone is killed, or if he suffers khabl, which means a wound, he may choose one of the three things: he may retaliate, or forgive, or receive compensation. But if he wishes a fourth (i.e. something more), hold his hands. After this whoever exceeds the limits shall be in grave penalty.

I never saw the Messenger of Allah (ﷺ) that some dispute which involved retaliation was brought to him but he commanded regarding it for remission.

A man was killed in the lifetime of the Prophet (ﷺ). The matter was brought to the Prophet (ﷺ). He entrusted him to the legal guardian of the slain. The slayer said: Messenger of Allah, I swear by Allah, I did not intend to kill him. The Messenger of Allah (ﷺ) said to the legal guardian: Now if he is true and you kill him, you will enter Hell-fire. So he let him go. His hands were tied with a strap. He came out pulling his strap. Hence he was called Dhu an-Nis'ah (possessor of strap).