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Text and translation
English translation
2573. It was narrated from Mu'āwiyah bin Abu Sufyān that the Messenger of Allāh ﷺ said: "If they drink wine, then whip them. If they drink (again), then whip them. If they drink (again), then whip them. If they drink (again), then kill them." (Hasan)
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Commentary
According to Imām Tirmidhi the order of killing a drunkard existed, but later on it was abrogated. Imām Muhammad bin Ishaq reported from Muhammad bin Munkadir, and he from Jābir bin Abdullah that he said, that the Prophet ﷺ said, "Whip him and if he drinks fourth time, kill him." Afterwards a man was brought to him who had drunk a fourth time but the Prophet ﷺ did not order killing him. Zuhri also reported similarly from Qabish bin Zowaib from the Prophet ﷺ. Based on this account, the majority of the scholars affirm the orders of abrogation. There was no disagreement on this point among the scholars of the past and those who came after them. (Jāmi' Tirmidhi 1444.)