Punishment & Conditions

**A. Punishment for Drinking:** The punishment for drinking khamr is **lashing**. **Amount:** Forty lashes. It is permissible to reach eighty lashes. This is left to the Imam's discretion - he increases when needed, such as when people become addicted to khamr and are not deterred by forty. **Evidence:** Ali ibn Abi Talib رضي الله عنه reported in the story of al-Walid ibn 'Uqbah: "The Prophet ﷺ lashed forty, Abu Bakr lashed forty, and 'Umar lashed eighty. All are Sunnah, and this (forty) is dearer to me" [Muslim]. Anas رضي الله عنه reported: "The Prophet ﷺ would strike for drinking khamr with sandals and palm branches - forty times" [Muslim]. --- **B. Conditions for Establishing the Hadd (6 conditions):** 1. **Muslim** - No hadd on a disbeliever 2. **Adult (Baligh)** - No hadd on a child 3. **Sane ('Aqil)** - No hadd on an insane or mentally deficient person 4. **Choosing freely (Mukhtar)** - No hadd on one who is forced, forgetful, and the like **Evidence for conditions 2-4:** The Prophet ﷺ said: "Indeed Allah has pardoned from my Ummah: the mistake, forgetfulness, and what they are coerced into." And: "The pen is lifted from three..." - both previously mentioned. 5. **Knowing the prohibition** - No hadd on one ignorant of the prohibition 6. **Knowing the drink is khamr** - If he drinks it thinking it is another drink, no hadd upon him --- **C. How the Hadd is Proven:** The hadd for khamr is proven by one of two matters: 1. **Confession of drinking** - e.g., he confesses and acknowledges that he drank khamr by choice 2. **Proof (Bayyinah)** - testimony of two just male witnesses against him