The Prophet ﷺ said, "When they drink wine, flog them. Then if they drink it again, flog them. Then if they drink it again, flog them. Then if they drink it a fourth time, kill them."
أن النبي ﷺ قال: الخمر إذا شربوها فاجلدوهم، ثم إذا شربوها فاجلدوهم، ثم إذا شربوها فاجلدوهم، ثم إذا شربوها فاقتلوهم عند الرابعة.
Imam Ahmad narrated it (6553) from Muaz bin Hisham, who said, my father narrated to me, from Qatada and Abdul-Samad, who said, Hammam narrated to us, Qatada narrated to us, from Shahr bin Hawshab, from Abdullah bin Amr, and he mentioned it. Hakim graded it sahih (4/372), narrating it via Qatada. Its chain of transmission is hasan due to the discussion surrounding Shahr bin Hawshab, though his hadith is hasan when he does not contradict others. Ibn Madini, Bukhari, and others held a favorable opinion of him.As for what was narrated from him, that he said, the Messenger of Allah ﷺ said, "Whoever drinks wine, flog him," and he mentioned the hadith in the same way, then said, "Bring me a man who has drunk wine a fourth time, and you may hold me responsible for killing him," this is daif.Imam Ahmad narrated it (6791) from Waki, who said, Qurra and Rawh narrated to me, who said, Ashath and Qurra bin Khalid narrated to us with the same meaning, from Hasan, from Abdullah bin Amr bin As, and he mentioned it. Hasan Basri conceals weaknesses in his chains of transmission, and he narrated this using the ambiguous "from" formula, moreover he did not hear this hadith from Abdullah bin Amr, as he himself made clear (6974), where he said, "By Allah, they have claimed that Abdullah bin Amr testified to this about the Messenger of Allah ﷺ," and he mentioned the hadith. He said, Abdullah bin Amr used to say, "Bring me a man who has been flogged for wine four times, and you may hold me responsible for striking off his neck." So the statement of Abdullah bin Amr does not overturn the consensus on the abrogation of execution as a punishment, because it is not authentically established from him.On this subject there is also what was narrated from Abu Sulayman, a freedman of Umm Salama, wife of the Prophet ﷺ, that Abu Ramda told him that a man among them drank, so they brought him to the Messenger of Allah ﷺ and he flogged him. Then he drank a second time and he flogged him, then he drank a third time, and they brought him to him again. He said, I do not know whether it was on the third or fourth occasion that he ordered him placed on the young camel, or he said, on the stallion. In another version, he ordered him placed on the young camel, and he struck off his neck.Ibn Abdul-Hakam narrated it in Futuh Misr (302), Dulabi in Kuna (30/1), and Tahawi in his commentary (4826), all of them through routes from Ibn Lahia, who said, Abdullah bin Hubayra narrated to us, from Abu Sulayman, freedman of Umm Salama, and he mentioned it. Abu Sulayman is majhul. Ibn Qattan said, "His condition is not known." Moreover, there is something objectionable in the text, for the sahih narrations state that he ﷺ did not kill anyone on the fourth occasion but rather let him go.Ibn Hajar found fault with it in Fath al-Bari (12/79) because of Ibn Lahia, even though in some of its routes the narrator from him is Abdullah bin Wahb and Abdullah bin Yazid Muqri, and their narration from him predates his confusion of memory. He said, "This hadith indicates that he ﷺ acted upon it before its abrogation, and if it is established, it refutes those who claim he never acted upon it," but it is not established with a sahih chain of transmission.On this subject there is also what was narrated from Shareed bin Suwayd Thaqafi, that he heard the Messenger of Allah ﷺ say, "When a man drinks, flog him, then when he drinks, flog him, then when he drinks, flog him" four times or five times "then when he drinks, kill him." Ahmad narrated it (19460), Tabarani (7/317), Darimi (2359), and Nasai in Kubra (5301), all of them from the hadith of Muhammad bin Ishaq, who said, Abdullah bin Utba bin Urwa bin Masud Thaqafi narrated to me, from Amr bin Shareed, from his father, and he mentioned it thus, with uncertainty over whether it was the fourth or fifth occasion. In some sources, the order to kill comes on the fourth occasion without any uncertainty. In the chain of transmission is Abdullah bin Utba bin Urwa, whose identity is not known, and Haythami likewise found fault with it for this reason in Majma (6/277–278).As for what Hakim narrated (4/372) from Abu Abdullah Saffar, who said, Muhammad bin Maslama narrated to us, Yazid bin Harun narrated to us, Muhammad bin Ishaq informed us, from Zuhri, from Amr bin Shareed, with the same chain of transmission and similar wording, he said, "Sahih according to the criterion of Muslim," but this is an error on his part, for Muhammad bin Maslama is not among the narrators of Muslim, and moreover he is not reliable, Khallal and others declared him daif.On this subject there is also what was narrated from Abu Saeed Khudri, who said, I heard the Prophet ﷺ say, "Whoever drinks wine, flog him, and whoever repeats it, flog him, and if he repeats it, flog him, and if he repeats it, kill him." Ibn Hibban narrated it (4445) from Abu Yaala, who said, Uthman bin Abu Shayba narrated to us, who said, Abu Bakr bin Ayyash narrated to us, from Asim bin Abu Najud, from Abu Salih, from Abu Saeed, and he mentioned it. Ibn Hibban said, "Abu Salih heard this report from both Muawiya and Abu Saeed together." But Ibn Hajar said in Fath al-Bari (12/69), the preserved version is from the hadith of Muawiya, as Bukhari said, and likewise from the hadith of Abu Hurairah. So perhaps the error came from Asim bin Abu Bahdala.On this subject there is also what was narrated from Jareer bin Abdullah, who said, the Messenger of Allah ﷺ said, "If he drinks wine, flog him, and if he repeats it, flog him, and if he repeats it, flog him, and if he repeats it a fourth time, kill him." Bukhari narrated it in Tarikh al-Kabir in the biography of "Khalid bin Jareer," Tahawi in his commentary (2/91), and Hakim (4/371), all of them through the route of Makki bin Ibrahim, who said, Dawud bin Yazid narrated to us, from Simak bin Harb, from Khalid bin Jareer, from Jareer, and he mentioned it. Dawud bin Yazid is Awdi, the Kufan, and he is daif by the agreement of the scholars.On this subject there is also what was narrated from Abu Musa, that he said, when the Prophet ﷺ sent him to Yemen, he said, "My people partake of a drink made from corn, called mizr." The Prophet ﷺ said, "Does it intoxicate?" He said, "Yes." He said, "Then forbid them from it." Then he came back to him and asked him about it, and he said, "Forbid them from it." Then he asked him a third time. He said, "I have forbidden them from it, but they have not stopped." He said, "Then whoever among them does not stop, kill him." Ahmad narrated it in Kitab Ashriba (p. 32) from Abdul-Razzaq, who said, Muhammad bin Rashid informed us, who said, I heard Amr bin Shuayb narrate that Abu Musa said, and he mentioned it. There is a break in it, for Amr bin Shuayb did not meet Abu Musa, and I have not found anyone who states explicitly that he narrated from him.On this subject there is also what was narrated from Umm Habiba bint Abu Sufyan, that some people from Yemen came to the Messenger of Allah ﷺ, and he taught them the prayer, the sunnahs, and the obligatory duties. Then they said, "O Messenger of Allah, we have a drink we make from wheat and barley." He said, "Is it ghubayra?" They said, "Yes." He said, "Do not consume it." Then, two days later, they mentioned it to him again, he having forgotten, and he said, "Ghubayra?" They said, "Yes." He said, "Do not consume it." Then, when they wanted to depart, they asked him about it again, and he said, "Ghubayra?" They said, "Yes." He said, "Do not consume it." They said, "They will not give it up." He said, "Whoever does not give it up, strike off his neck."Ahmad narrated it (27407) from Hasan, who said, Ibn Lahia narrated to us, who said, Darraj narrated to us, from Umar bin Hakam, that he told him from Umm Habiba bint Abu Sufyan, and he mentioned it. Abu Yaala also narrated it (7147), Tabarani (23/483), Ibn Hibban graded it sahih (5367), and Bayhaqi (8/22), all of them through routes from Darraj with his chain of transmission, though some abridged it.The chain of transmission is daif because of Darraj, with the doubled "r," Ibn Saman Abu Samh, about whom there is disagreement. Ibn Main and Darimi deemed him reliable, and Abu Dawud said, "His hadiths are sound." Nasai, Abu Hatim, and Daraqutni declared him daif. Ahmad said, "His hadith is objectionable," and Ibn Adi said, "Most of the hadiths I have dictated from Darraj are not corroborated." Also in the chain of transmission is Ibn Lahia, about whom there is well known discussion, however he is corroborated, Amr bin Harith having corroborated him as found in Bayhaqi and others.