The Prophet ﷺ said, "Whoever drinks wine, flog him. If he does it again, flog him. If he does it again a third or fourth time, kill him."Then a man who had been drinking was brought to him, and he flogged him. He was brought again, and he flogged him. He was brought again, and he flogged him. He was brought yet again, and he flogged him, and the death penalty was lifted. This became a concession.Sufyan said, Zuhri narrated this hadith while Mansur bin al-Mutamir and Mikhail bin Rashid were present. He said to the two of them, "Be the envoys of the people of Iraq with this hadith."
حدثنا أحمد بن عبدة الضبي حدثنا سفيان قال الزهري أخبرنا
أن النبي ﷺ قال من شرب الخمر فاجلدوه فإن عاد فاجلدوه فإن عاد في الثالثة أو الرابعة فاقتلوه فأتي برجل قد شرب فجلده ثم أتي به فجلده ثم أتي به فجلده ثم أتي به فجلده ورفع القتل وكانت رخصة قال سفيان حدث الزهري بهذا الحديث وعنده منصور بن المعتمر ومخول بن راشد فقال لهما كونا وافدي أهل العراق بهذا الحديث
[Sahih] Reported by Tirmidhi, in the Book of Punishments, Chapter on "What has been said about flogging the wine drinker," under hadith no. 1444, from the hadith of Zuhri, by this route.Qabisa was a minor companion who had seen the Prophet, and the mursal reports of the companions are accepted.