Yahya related to me from Malik from Thawr ibn Zayd ad-Dili that Umar ibn al-Khattab asked advice about a man drinking wine. Ali ibn Abi Talib said to him, "We think that you flog him for it with eighty lashes. Because when he drinks, he becomes intoxicated, and when he becomes intoxicated, he talks confusedly, and when he talks confusedly, he lies." (80 lashes is the same amount as for slandering) Umar gave eighty lashes for drinking wine.

Abu Dawud said: It has also been transmitted by Ibn Al 'Arubah from Qatadah from the Prophet (saws) 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 (saws). This version has: He gave a beating with two palm-branches about forty times.

During the lifetime of the Prophet there was a man called `Abdullah whose nickname was Donkey, and he used to make Allah's Apostle laugh. The Prophet lashed him because of drinking (alcohol). And one-day he was brought to the Prophet on the same charge and was lashed. On that, a man among the people said, "O Allah, curse him ! How frequently he has been brought (to the Prophet on such a charge)!" The Prophet said, "Do not curse him, for by Allah, I know for he loves Allah and His Apostle."

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 (saws) 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."

"I asked the Messenger of Allah (saws) 'Can wine be used for vinegar?' He said: 'No'"

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha that Anas ibn Malik said, "I was serving wine to Abu Ubayda ibn al-Jarrah and Abu Talha al-Ansari and Umayy ibn Kab. The wine had been prepared from crushed ripe dates and dried dates. Someone came to them and said, 'Wine has been made haram.' Abu Talha ordered me to go and take the jugs and break them. I stood up and went to a mortar of ours and I struck them with the bottom of it until they broke."

I was serving wine to the people in the house of AbuTalhah when it was prohibited and that day our wine was made from unripe dates. A man entered upon us and said: The wine has been prohibited, and the herald of the Messenger of Allah (saws) made an announcement. We then said: This is the herald of the Messenger of Allah (saws)

That the Messenger of Allah (saws) said: "Every intoxicant is Khamr, and every intoxicant is unlawful. Whoever drinks Khamr in this world, and dies continuing it, he will not drink it in the Hereafter.

He said: There are narrations on this topic from Abu Hurairah, Abu Sa'eed, 'Abdullah bin 'Amr, 'Ubadah, Abu Malik Al-Ash'ari, and Ibn 'Abbas.

[Abu 'Eisa said:] The Hadith of Ibn 'Umar is a Hasan Sahih Hadith. It has been reported through other routes from Nafi', from Ibn 'Umar, from the Prophet (saws). Malik bin Anas reported it from Nafi' from Ibn 'Umar in Mawquf - not Marfu' form.

The Prophet beat a drunk with palm-leaf stalks and shoes. And Abu Bakr gave (such a sinner) forty lashes.

"The Messenger of Allah (saws) cursed ten involved in wine: The one who presses it, the one who has it pressed, its drinker, its carrier, and the one it is carried to, its server, its seller, the consumption of its price, the one who purchases it and the one it was purchased for."

[Abu 'Eisa said:] This Hadith is Gharib as a narration of Anas. Similar to this has been reported from Ibn 'Abbas, Ibn Mas'ud, and Ibn 'Umar, from the Prophet (saws).

The Messenger of Allah (saws) 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.

I saw the Messenger of Allah (saws) 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 (saws) 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.

While we were in the city of Hims (in Syria), Ibn Mas`ud recited Surat Yusuf. A man said to him), "It was not revealed in this way." Then Ibn Mas`ud said, "I recited it in this way before Allah's Apostle and he confirmed my recitation by saying, 'Well done!' " Ibn Mas`ud detected the smell of wine from the man's mouth, so he said to him, "Aren't you ashamed of telling a lie about Allah's Book and (along with this) you drink alcoholic liquors too?" Then he lashed him according to the law.

A man who had drunk wine was brought before the Prophet (saws) 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 (saws) 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.

Anas b. Malik is reported to have said that Allah's Messenger (may peace be upon him) had forbidden to mixture fresh dates and unripe dates and then drinking (the wine prepared out of it), and that was their common intoxicant when liquor was prohibited.

Abu Huraira said, "A man who drank wine was brought to the Prophet. The Prophet said, 'Beat him!" Abu Huraira added, "So some of us beat him with our hands, and some with their shoes, and some with their garments (by twisting it) like a lash, and then when we finished, someone said to him, 'May Allah disgrace you!' On that the Prophet said, 'Do not say so, for you are helping Satan to overpower him.' "

That Abu Sa'eed said: "We had some wine that belonged to an orphan. When Al-Ma'idah was revealed I asked the Messenger of Allah (saws) about it, I said: 'It belongs to an orphan.' He said: 'Spill it out.'"

[He said:] There is something on this topic from Anas bin Malik.

[Abu 'Eisa said:] The Hadith of Abu Sa'eed is a Hasan [Sahih] Hadith. Similar to this has been reported through other routes from the Prophet (saws). Some of the people of knowledge stated according to this, they dislike the usage of wine for making vinegar. And the only thing that they disliked about it, and Allah knows best, is for a Muslim to have wine in his house until it becomes vinegar. Abu Al-Waddak's name is Jabr bin Nawf.

Alcoholic drinks were prohibited. At that time these drinks used to be prepared from unripe and ripe dates.

From Abu Talhah that he said: "O Prophet of Allah! I had purchased some wine for the orphans under my care. He said: 'Spill out the wine, and break the jugs.'"

[He said:] There are narrations on this topic from Jabir, 'Aishah, Abu Sa'eed, Ibn Mas'ud, Ibn 'Umar, and Anas.

[Abu 'Eisa said:] The Hadith of Abu Talhah, Ath-Thawri reported this Hadith from As-Suddi, from Yahya bin 'Abbad, from Anas: "That Abu Talhah was with him" and this is more correct than the narration of Al-laith (no. 1293).

The Prophet (saws) 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.

We had no alcoholic drink except that which was produced from dates and which you call Fadikh. While I was standing offering drinks to Abu Talh and so-and-so and so-and-so, a man cam and said, "Has the news reached you? They said, "What is that?" He said. "Alcoholic drinks have been prohibited. They said, "Spill (the contents of these pots, O Anas! "Then they neither asked about it (alcoholic drinks) nor returned it after the news from that man.

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, was asked about al-Ghubayra. He said, "There is no good in it," and forbade it. Malik said, "I asked Zayd ibn Aslam, 'What is al- Ghubayra?' He said, 'It is an intoxicant.' "

The Prophet lashed a drunk with dateleaf stalks and shoes. And Abu Bakr gave a drunk forty lashes.

Yahya related to me from Malik from Ibn Shihab that he was asked about the hadd of the slave for wine. He said, "I heard that he has half the hadd of a freeman for drinking wine. Umar ibn al-Khattab, Uthman ibn Affan, and Abdullah ibn Umar flogged their slaves with half of the hadd of a freeman when they drank wine."

Malik ibn AbuMaryam said: AbdurRahman ibn Ghanam entered upon us and we discussed tila' and he said: AbuMalik al-Ash'ari told me that he heard the Messenger of Allah (saws) say: Some of my people will assuredly drink wine calling it by another name.

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said "Whoever drinks wine in this world and does not turn from it in tawba, it is haram for him in the Next World."

I was serving Abu 'Ubaida, Abu Talha and Ubai bin Ka`b with a drink prepared from ripe and unripe dates. Then somebody came to them and said, "Alcoholic drinks have been prohibited." (On hearing that) Abu Talha said, "Get up. O Anas, and pour (throw) it out! So I poured (threw) it out.

Yahya related to me from Malik from Ibn Shihab that as-Sa'ib ibn Yazid informed him that Umar ibn al-Khattab came out to them. He said, "I have found the smell of wine on so-and-so, and he claimed that it was the drink of boiled fruit juice, and I am inquiring about what he has drunk. If it intoxicates, I will flog him." Umar then flogged him with the complete hadd.

Yahya related to me from Malik from Yahya ibn Said that Umar ibn al-Khattab said, "Beware of meat. It has addictiveness like the addictiveness of wine."

Yahya related to me from Malik from Yahya ibn Said that Umar ibn al-Khattab saw Jabir ibn Abdullah carrying some meat. He said, "What is this?" He said, "Amir al- muminin. We desired meat and I bought some meat for a dirham." Umar said, "Does one of you want to fill his belly apart from his neighbour or nephew? How can you overlook this ayat? 'You squandered your good things in the life of this world and sought comfort in them.' " (Sura 46 ayat 20).

"Alcoholic drinks were prohibited at the time we could rarely find wine made from grapes in Medina, for most of our liquors were made from unripe and ripe dates.

Anas reported that Allah's Apostle (may peace be upon him) used to strike forty times with shoes and palm branches (in case of drinking of) wine. The rest of the hadith is the same and there is no mention of pastures and towns.

Malik related to me from Abu'z-Zinad that he said, ''Umar ibn Abd al-Aziz flogged a slave with eighty lashes for slander."

Abu'z-Zinad said, "I asked Abdullah ibn Amir ibn Rabia about that. He said, 'I saw Umar ibn al-Khattab, Uthman ibn Affan, the Khalifs, and so on, and I did not see any of them flog a slave more than forty lashes for slander.' "

While I was waiting on my uncles and serving them with (wine prepared from) dates----and I was the youngest of them----it was said, "Alcoholic drinks have been prohibited." So they said (to me), "Throw it away." So I threw it away.

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that some men from Iraq said to him, "Abu Abd ar-Rahman, we buy the fruit of the palm and grapes and we squeeze them into wine and we sell it." Abdullah ibn Umar said, "I call on Allah and His angels and whoever hears of jinn and men to testify to you that I order you not to buy it nor sell it nor to press it nor to drink it nor to give it to people to drink. It is something impure from the work of Shaytan."

I used to offer drinks prepared from infused dates to Abu Talha Al-Ansari, Abu 'Ubada bin Al Jarrah and Ubai bin Ka`b. Then a person came to them and said, "All alcoholic drinks have been prohibited." Abii Talha then said, "O Anas! Get up and break all these jars." So I got up and took a mortar belonging to us, and hit the jars with its lower part till they broke.

That the Prophet (saws) "Every intoxicant is unlawful."

He said: There are narrations on this topic from 'Umar, 'Ali, Ibn Mas'ud, Anas, Abu Sa'eed, Abu Musa, Al-Ashajj, Al-Asri', Dailam, Maimunah, 'Aishah, Ibn 'Abbas, Qais bin Sa'd, An-Nu'man bin Bashir, Mu'awiyah, 'Abdullah bin Mughaffal, Umm Salamah, Buraidah, Abu Hurairah, Wa'il bin Hujr, and Qurrah Al-Muzani.

[Abu 'Eisa said:] This Hadith is Hasan. Similar was reported from Abu Salamah, from Abu Hurairah, from the Prophet (saws). Both of these are Sahih. More than one narrator reported similarly from Muhammad bin 'Amr, from Abu Salamah, from Abu Hurairah, from the Prophet (saws), and from Abu Salamah, from Ibn 'Umar, from the Prophet (saws).

I was the butler of the people in the house of Abu Talha, and in those days drinks were prepared from dates. Allah's Apostle ordered somebody to announce that alcoholic drinks had been prohibited. Abu Talha ordered me to go out and spill the wine. I went out and spilled it, and it flowed in the streets of Medina. Some people said, "Some people were killed and wine was still in their stomachs." On that the Divine revelation came:-- "On those who believe And do good deeds There is no blame For what they ate (in the past)." (5.93)

The alcoholic drink which was spilled was Al-Fadikh. I used to offer alcoholic drinks to the people at the residence of Abu Talha. Then the order of prohibiting Alcoholic drinks was revealed, and the Prophet ordered somebody to announce that: Abu Talha said to me, "Go out and see what this voice (this announcement ) is." I went out and (on coming back) said, "This is somebody announcing that alcoholic beverages have been prohibited." Abu Talha said to me, "Go and spill it (i.e. the wine)," Then it (alcoholic drinks) was seen flowing through the streets of Medina. At that time the wine was Al-Fadikh. The people said, "Some people (Muslims) were killed (during the battle of Uhud) while wine was in their stomachs." So Allah revealed: "On those who believe and do good deeds there is no blame for what they ate (in the past)." (5.93)

Yahya related to me from Malik from Zayd ibn Aslam that Ibn Wala al-Misri asked Abdullah ibn Abbas about what is squeezed from the grapes. Ibn Abbas replied, "A man gave the Messenger of Allah, may Allah bless him and grant him peace, a small water-skin of wine. The Messenger of Allah, may Allah bless him and grant him peace, said to him, 'Don't you know that Allah has made it haram?' He said, 'No.' Then a man at his side whispered to him. The Messenger of Allah, may Allah bless him and grant him peace, asked what he had whispered, and the man replied, 'I told him to sell it.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'The One who made drinking it haram has made selling it haram.' The man then opened the water- skins and poured out what was in them ."

Yahya related to me from Malik that Yahya ibn Said said that Abu Bakr ibn Muhammad ibn Amr ibn Hazm informed him that he had taken a Nabatean who had stolen some iron rings and jailed him in order to cut off his hand. Amra bint Abd ar-Rahman sent a girl mawla to him called Umayya. Abu Bakr said that she had come to him while he was among the people and said that his aunt Amra sent word to him saying, "Son of my brother! You have taken a Nabatean for something insignificant which was mentioned to me. Do you want to cut off his hand?" He had said, "Yes." She said, ''Amra says to you not to cut off the hand except for a quarter of a dinar and upwards."

Abu Bakr added, "So I let the Nabatean go."

Malik said, "The generally agreed on way of doing things among us about the confession of slaves is that if a slave confesses something against himself, the hadd and punishment for it is inflicted on his body. His confession is accepted from him and one does not suspect that he would inflict something on himself."

Malik said, "As for the one of them who confesses to a matter which will incur damages agains this master, his confession is not accepted against his master."

Malik said, "One does not cut off the hand of a hireling or a man who is with some people to serve them, if he robs them, because his state is not the state of a thief. His state is the state of a treacherous one. The treacherous one does not have his hand cut off."

Malik said about a person who borrows something and then denies it, "His hand is not cut off. He is like a man who owes a debt to another man and denies it. He does not have his hand cut off for what he has denied."

Malik said, "The generally agreed-on way of dealing among us, with the thief who is found in a house and has gathered up goods and has not taken them out, is that his hand is not cut off. That is like the man who places wine before him to drink it and does not do it. The hadd is not imposed on him. That is like a man who sits with a woman and desires to have haram intercourse with her and does not do it and he does not reach her. There is no hadd against that either."

Malik said, "The generally agreed-on way of doing things among us is that there is no cutting off the hand for what is taken by chance, openly and in haste, whether or not its price reaches that for which the hand is cut off."

Yahya related to me from Malik that Abu'z-Zinad informed him that a governor of Umar ibn Abd al-Aziz took some people in battle and had not killed any of them. He wanted to cut off their hands or kill them, so he wrote to Umar ibn Abd al-Aziz about that Umar ibn Abd al-Aziz wrote to him, "Better to take less than that."

Yahya said that he heard Malik say, "What is done among us about a person who steals the goods of people which are placed under guard in the markets, and their owners put them in their containers and store them together is that if anyone steals any of that from where it is kept, and its value reaches that for which cutting off the hand is obliged, his hand must be cut off, whether or not the owner of the goods is with his goods and whether it is night or day."

Malik said about some one who stole something for which cutting off the hand was obliged and then what he stole was found with him and he returned it to its owner, "His hand is cut off."

Malik said, "If someon says, 'How can his hand be cut off when the goods have been taken from him and returned to their owner?', it is because he is in the same position as the wine drinker when the smell of the wine is found on his breath and he is not drunk. He is flogged with the hadd.

"The hadd is imposed for drinking wine even if it does not make the man intoxicated. That is because he drank it to become intoxicated. It is the same as that with cutting off the hand of the thief for theft when it is taken from him, even if he has not profited from it and it was returned to its owner. When he stole it, he stole it to take it away."

Malik said that if some people came to a house and robbed it together, and then they left with a sack or box or a board or basket or the like of that which they carried together, and when they took it out of its guarded place, they carried it together, and the price of what they took reached that for which cutting off the hand was obliged, and that was three dirhams and upwards, each of them had his hand cut off.

"If each of them takes out something by himself, whoever of them takes out something whose value reaches three dirhams and upwards must have his hand cut off. If any of them takes out something whose value does not reach three dirhams, he does not have his hand cut off."

Yahya said that Malik said, "What is done among us is that when a man's house is locked and he is the only one living in it, cutting off the hand is not obliged against the one who steals something from it until he takes it out of the house completely. That is because all of the house is a place of custody. If someone other than him lives in the house and each of them locks his door, and it is a place of custody for each of them, whoever steals anything from the apartments of that house must have his hand cut off when he leaves the apartment and goes into the main house. He has removed it from its place of custody to another place and he must have his hand cut off."

Malik said, "What is done in our community about a slave who steals from the property of his master is that if he is not in service and among those trusted in the house and he enters secretly and steals from his master something that for which cutting off the hand is obliged, his hand is not cut off. It is like that with a slave-girl when she steals from her master's property. Her hand is not cut off."

Malik then spoke about a slave who was not in service and not one of those trusted in the house, and he entered secretly and stole from the property of his master's wife that for which cutting off the hand was obliged. He said, "His hand is cut off."

"It is like that with the wife's slave-girl when she does not serve her or her husband nor is she trusted in the house and she enters secretly and steals from her mistress's property that for which cutting off the hand is obliged. Her hand is not cut off."

"It is like that with the wife's slave-girl who is not in her service and is not trusted in the house and she enters secretly and steals from the property of her mistress's husband something for which cutting off the hand is obliged. Her hand is cut off."

It is like that with the man who steals from his wife's goods or the wife who steals from her husband's goods something for which cutting off the hand is obliged. If the thing which one of them steals from his spouse's property is in a room other than the room which they both lock for themselves, or it is in a place of custody in a room other than the room which they are in, whichever of them steals something for which cutting off the hand is obliged, their hand should be cut off."

Malik spoke about a small child and a foreigner who does not speak clearly. He said, "If they are robbed of something from its place of custody or from under a lock, the one who stole it has his hand cut off. If the property is outside of its place of custody or locked room(when it is stolen), the one who robbed them does not have his hand cut off. It is then in the position of sheep stolen from the mountain and uncut fruit hanging on the trees "

Malik said, "What is done among us about a person who robs graves is that if what he takes from the grave reaches what cutting off the hand is obliged for, his hand is cut off . That is because the grave is a place of custody for what is in it just as houses are a place of custody for what is in them. "

Malik added, "Cutting off the hand is not obliged for him until he takes it out of the grave."

While I was serving Abu Talha. Abu Dujana and Abu Suhail bin Al-Baida' with a drink made from a mixture of unripe and ripe dates, alcoholic drinks, were made unlawful, whereupon I threw it away, and I was their butler and the youngest of them, and we used to consider that drink as an alcoholic drink in those days.

The Prophet (saws) forbade wine (khamr), game of chance (maysir), drum (kubah), and wine made from millet (ghubayrah), saying: Every intoxicant is forbidden.

Abu Dawud said: Ibn Sallam Abu 'Ubaid said: Ghubairah was an intoxicant liquor made from millet. This wine was made by the Abyssinians

The Prophet (saws) said: from grapes wine is made, from dried dates wine is made, from honey wine is made, from wheat wine is made, from barley wine is made.