Prescribed Punishments (Kitab Al-Hudud)

This tradition has been transmitted by Abu Hurairah from the Prophet (ﷺ). This version has: He said each time: He should give her the appropriate beating according to Allah’s Book, but not Hurl reproaches at her. He said a fourth time: If she does it again, he should give her the appropriate beating according to Allah’s Book, and then should sell her even if only for a rope of hair.

Narrated Abu Umamah b. Sahl Hunaif: AbuUmamah ibn Sahl ibn Hunayf said that some companions of the Messenger of Allah (ﷺ) told that one of their men suffered so much from some illness that he pined away until he was skin and bone (i.e. only a skeleton). A slave-girl of someone visited him, and he was cheered by her and had unlawful intercourse with her. When his people came to visit the patient, he told them about it. He said: Ask the Messenger of Allah (ﷺ) about the legal verdict for me, for I have had unlawful intercourse with a slave-girl who visited me. So they mentioned it to the Messenger of Allah (ﷺ) saying: We have never seen anyone (so weak) from illness as he is. If we bring him to you, his bones will disintegrate. He is only skin and bone. So the Messenger of Allah (ﷺ) commanded them to take one hundred twigs and strike him once.

Narrated Ali ibn AbuTalib: A slave-girl belonging to the house of the Messenger of Allah (ﷺ) committed fornication. He (the Prophet) said: Rush up, Ali, and inflict the prescribed punishment on her. I then hurried up, and saw that blood was flowing from her, and did not stop. So I came to him and he said: Have you finished inflicting (punishment on her)? I said: I went to her while her blood was flowing. He said: Leave her alone till her bleeding stops; then inflict the prescribed punishment on her. And inflict the prescribed punishment on those whom your right hands possess (i.e. slaves).Abu Dawud said: A similar tradition has been transmitted by Abu al-Ahwas from 'Abd al-A'la, and also by Shu'bah from 'Abd al-A'la. This version has: He said: Do not give her beating until she gives birth to a child. But the former (version) is sounder.

Narrated Aisha, Ummul Mu'minin: When my vindication came down, the Prophet (ﷺ) mounted the pulpit and mentioned that, and recited the Qur'an. Then when he came down from the pulpit he ordered regarding the two men and the woman, and they were given the prescribed punishment.

The tradition mentioned above (No. 4459) has also been transmitted by Muhammad ibn Ishaq through a different chain of narrators. But he did not mention Aisha. This version has: He (the Prophet) commanded regarding the two men and the woman who spoke obscenity were Hassan ibn Thabit and Mistah ibn Uthathah. An-Nufayl said: It is said that the woman was Hammah daughter of Jahsh.

Narrated Abdullah ibn Abbas: The Prophet (ﷺ) did not prescribe any punishment for drinking wine. Ibn Abbas said: A man who had drunk wine and become intoxicated was found staggering on the road, so he was taken to the Prophet (ﷺ). When he was opposite al-Abbas's house, he escaped, and going in to al-Abbas, he grasped hold of him. When that was mentioned to the Prophet (ﷺ), he laughed and said: Did he do that? and he gave no command regarding him.Abu Dawud said: This tradition of al-Hasan b. 'Ali has been transmitted only by the people of Medina.

Abu Hurairah said: When a man who had drunk wine was brought to the Messenger of Allah (ﷺ), he said: Beat him. Abu Hurairah said: Some struck him with their hands, some with their garment. When he turned his face, some people said: Allah put you shame! The Messenger of Allah (ﷺ) said: Do not say like that and help the devil to get power over him.

The tradition mentioned above has also been transmitted by Ibn al- Had through a different chain of narrators to the same effect. He said after the word “beating”: The Messenger of Allah (ﷺ) then said to his Companions: Reproach him, and they faced him and said: You have not respected Allah, you have not feared Allah and you have not shown shame before the Messenger of Allah (ﷺ). Then they released him. Some have also added similar words.

Anas b. Malik said: 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.

Hudayn ibn al-Mundhir ar-Ruqashi, who was AbuSasan, said: 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."

Narrated Ali ibn AbuTalib: 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.

Narrated Mu'awiyah ibn AbuSufyan: 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.

The tradition mentioned above has also been transmitted by Ibn ‘Umar through a different chain of narrators to the same effect. This version has : 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.

Narrated AbuHurayrah: 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.

Narrated Qabisah ibn Dhuwayb: 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.

’Ali said: 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.

Narrated AbdurRahman ibn Azhar: 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.

Narrated AbdurRahman ibn al-Azhar: 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.

Narrated AbdurRahman ibn Azhar: 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.

Narrated Hakim ibn Hizam: 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.

Abu Burdah reported the Messenger of Allah (ﷺ) as saying: No more than ten lashes are to be given, except in the case of one of the punishment prescribed by Allah, the Exalted.

The tradition mentioned above has also been transmitted by Abu Burdah al-Ansari through a different chain of narrators. This version has: I heard the Messenger of Allah (ﷺ) say. . . He then mentioned the tradition to the same effect.

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