When a drinker was brought in the time of God’s Messenger, during Abu Bakr’s Caliphate and in the beginning of ‘Umar’s Caliphate, we beat him with our hands, sandals and cloaks, but at the end of ‘Umar’s Caliphate he inflicted forty stripes, and when people were immoderate and excessively wicked he inflicted eighty stripes.
Anas told that the Prophet gave a beating with palm branches and sandals for drinking wine and that Abu Bakr gave forty lashes.
(Bukhari and Muslim.) In a version on his authority it says that the Prophet used to give forty stripes with palm branches and sandals for drinking wine.
Jabir reported the Prophet as saying, “Beat anyone who drinks wine, and if he does it a fourth time kill him.” He said that after that a man who had drunk wine four times was brought to the Prophet and he beat him, but did not kill him.
Tirmidhi transmitted it, and Abu Dawud transmitted it on the authority of Qablsa b. Dhu’aib. Another version by both of them and by Nasa’i, Ibn Majah and Darimi on the authority of some of the companions of God’s Messenger, including Ibn ‘Umar, Mu'awiya, Abu Huraira and ash-Sharid, stops at “kill him.”*
* This means that they gave only the Prophet’s words, and did not say anything about the man who was not killed.
Abu Umayya al-Makhzumi told that a robber who had made acknowledgment was brought to the Prophet, but no goods were found with him. God’s Messenger said to him, “I do not think you have stolen.” He replied that he had and repeated it to him twice or thrice, making acknowledgment all the time, so he gave orders and his hand was cut off. He was then brought to him and God’s Messenger said to him, “Ask God’s pardon and turn to Him in repentance.” He said, “I ask God’s pardon and turn to Him in repentance.” God's Messenger then said three times, “O God, forgive him.”
Abu Dawud, Nasa’i, Ibn Majah and Darimi transmitted it. Thus did I find it in the four texts quoted, in Jami' al-usul, Shu'ab al-iman, and Ma'alim as-sunan on the authority of Abu Umayya, but in the texts of al-Masabih it is given on the authority of Abu Rimtha.*
*This is the kind of misunderstanding which can easily arise owing to the similarity of امیۃ and رمثۃ if not carefully written.
