29/8. Chapter:
Sahih Muslim 1707b — Ali on Drunkard Punishment
Hadd punishment for drinking alcohol
Drunkard Punishment Hadith: Ali on Indemnity and Caution
Sahih Muslim : 1707b
Sahih MuslimHadith Number 1707b
حَدَّثَنِي مُحَمَّدُ بْنُ مِنْهَالٍ الضَّرِيرُ، حَدَّثَنَا يَزِيدُ بْنُ زُرَيْعٍ، حَدَّثَنَا سُفْيَانُ الثَّوْرِيُّ، عَنْ أَبِي حَصِينٍ، عَنْ عُمَيْرِ بْنِ سَعِيدٍ، عَنْ عَلِيٍّ، قَالَ مَا كُنْتُ أُقِيمُ عَلَى أَحَدٍ حَدًّا فَيَمُوتَ فِيهِ فَأَجِدَ مِنْهُ فِي نَفْسِي إِلاَّ صَاحِبَ الْخَمْرِ لأَنَّهُ إِنْ مَاتَ وَدَيْتُهُ لأَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم لَمْ يَسُنَّهُ .
'Ali Narrated from:
If I impose Hadd on anyone, and he (in course of punishment) dies, I would not mind except in case of a drunkard. If he dies. I would pay indemnity for him because the Messenger of Allah (ﷺ) has laid down no rule for it.
Reference : Sahih Muslim 1707bIn-book reference : Book 29, Hadith 61USC-MSA web (English) reference : Book 17, Hadith 4232
Summary of Sahih Muslim Hadith 1707b
This drunkard punishment hadith records a statement from Ali. He said that if he imposed a hadd on someone and that person died during the punishment, he would not feel troubled by it except in the case of a drunkard. If a drunkard died, Ali said he would pay indemnity for him because the Messenger of Allah صلى الله عليه وسلم had laid down no fixed rule for it. The text is narrow and should be explained carefully. It is not a general comment about every punishment. It is specifically about the drunkard and Ali’s caution because of the wording he states: no fixed rule from the Messenger of Allah صلى الله عليه وسلم in this matter. The main lesson is restraint in applying punishment when the fixed measure is not stated in the same way.
What we learn from this hadith
- Ali distinguished the drunkard’s case from other hadd cases in this statement.
- He said he would pay indemnity if the drunkard died during punishment.
- His reason was that no fixed rule had been laid down by the Messenger صلى الله عليه وسلم for it.
