Umar sets the penalty for wine at eighty on Ali's counsel

أخذ عمر بمشورة علي في جعل حد الخمر ثمانين

between 634 and 644 CE · 13 AH

When wine-drinking spread in the newly conquered lands, Umar took Ali's counsel to flog the drinker eighty lashes, the lightest of the fixed penalties, arguing that a drunk man raves and one who raves slanders, and the slanderer gets eighty. Jurists differ on whether the fixed penalty is forty or eighty; Sallabi sets out the schools.

Depth

At a glance

Era
The Rashidun Caliphate
Region
Arabia
Review
Draft Completeness 1/5 · Help complete it

In time

620630640650660
The Prophetic Era · The Rashidun Caliphate

Crime and punishmentHalal and haram

Summary

As drinking spread in the newly opened lands, Umar took the counsel of Ali and ordered that a drinker be flogged eighty lashes. Ali explained: "when he is drunk he raves, and when he raves he slanders, and the penalty for slander is eighty" 1.

Reasoning

The book says that Ali held that a drinker who becomes drunk raves, that one who raves slanders, and that the penalty for the slanderer is eighty; Umar acted on this. The book describes the saying as transmitted from Ali through a chain of narrators, and says Umar took his counsel 1.

The jurists' disagreement

The book sets out the jurists' views. Malik, al-Thawri, Abu Hanifa and those who followed them make the penalty eighty by the consensus of the Companions. Al-Shafi'i, and one view of Ahmad, make it forty, with anything beyond that a discretionary penalty the imam may impose. It also reports Ibn Taymiyya's detailed position 1.

Notes for researchers

  • The book does not date the decision; the period is inferred from Umar's caliphate.
  • This page concerns jurisprudence; specialists should consult the books of the schools before expanding it.

From Sheikh Omar Abdelkafy's lecture series Al Dinu Al Qayem

The speaker recounts Umar's rebuke of men drinking behind a closed door: "O enemies of God, do you think God does not see you?" 2.

He recounts the revelation on wine: the Prophet ﷺ's companions asked for a clear ruling, Umar among them, after they heard that its harm outweighed its benefit 3. He recounts that Abu Bakr said he never drank wine, in the Jahiliyya or in Islam 4.

He recounts a companion's error in leading the Maghrib prayer, and that Umar heard the verse forbidding prayer in a state of intoxication. The speaker says the Qur'anic term for avoidance of prohibitions appears only for idolatry and wine (needs_source) 5 6.

He recounts Anas going round Medina announcing the ban on wine 7. He says the jars were poured into the streets of Medina and the smell lasted about twenty-one days (needs_source) 8. He says that no new command or prohibition came after the verse on the completion of the religion, eighty-one days before the Prophet's death (needs_source) 9.

He recounts that Umar's son was accused of drinking privately. He was brought to Amr ibn al-As (may God be pleased with him), who applied the penalty; the story reached Umar in Medina. The speaker says the drinking took place in a closed room and not before a group (needs_source) 10.

Opinions on the question

The question: What is the fixed penalty for drinking wine?

First opinion · Sunni tradition (the museum's frame)Main reference

Sallabi, citing al-Mughni: Malik, al-Thawri, Abu Hanifa and those who followed them set eighty as the penalty, on the consensus of the Companions; a report of Ali's reasoning supports it.
More opinions (1)

Sunni tradition (the museum's frame)Main reference

Al-Shafi'i and a view of Ahmad, as the book reports, take forty as the fixed penalty and treat any addition as discretionary punishment for the ruler; the book also cites Ibn Taymiyya on the matter.

Connections

Explore the connections

Had participant
Ali ibn Abi Talib· Umar ibn al-Khattab

People and things also explored

Ali's counsel in Umar's judgments· Abu Sufyan's mission to Medina· Ali enters Kufa in 36 AH· After Badr: the dead, the captives, the spoils, and the news in Mecca and Medina· The Battle of Badr· Battle of Nahavand· The Death of Abu Bakr al-Siddiq· The death and burial of Fatima bint Muhammad

Sources

  1. Asma al-Matalib fi Sirat Ali ibn Abi Talib, vol. 1 — Ali Muhammad al-Sallabi , p.143
  2. Assabile archive of Omar Abdelkafy's lectures (audio and video) , Al Dinu Al Qayem, episode 1, at 00:42:00 · Listen at the archive (opens the audio at this time)
  3. Assabile archive of Omar Abdelkafy's lectures (audio and video) , Al Dinu Al Qayem, episode 2, at 00:28:30 · Listen at the archive (opens the audio at this time)
  4. Assabile archive of Omar Abdelkafy's lectures (audio and video) , Al Dinu Al Qayem, episode 2, at 00:29:00 · Listen at the archive (opens the audio at this time)
  5. Assabile archive of Omar Abdelkafy's lectures (audio and video) , Al Dinu Al Qayem, episode 2, at 00:29:30 · Listen at the archive (opens the audio at this time)
  6. Assabile archive of Omar Abdelkafy's lectures (audio and video) , Al Dinu Al Qayem, episode 2, at 00:30:00 · Listen at the archive (opens the audio at this time)
  7. Assabile archive of Omar Abdelkafy's lectures (audio and video) , Al Dinu Al Qayem, episode 2, at 00:31:30 · Listen at the archive (opens the audio at this time)
  8. Assabile archive of Omar Abdelkafy's lectures (audio and video) , Al Dinu Al Qayem, episode 2, at 00:32:00 · Listen at the archive (opens the audio at this time)
  9. Assabile archive of Omar Abdelkafy's lectures (audio and video) , Al Dinu Al Qayem, episode 2, at 00:36:00 · Listen at the archive (opens the audio at this time)
  10. Assabile archive of Omar Abdelkafy's lectures (audio and video) , Al Dinu Al Qayem, episode 5, at 00:26:30 · Listen at the archive (opens the audio at this time)
Cite this page

islam.museum contributors. “Umar sets the penalty for wine at eighty on Ali's counsel”. islam.museum, https://islam.museum/en/event/umar-doubles-hadd-for-wine/. CC BY-SA 4.0. Last updated 2026-10-25.

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Related

Ali's counsel in Umar's judgments

During Umar's caliphate Ali repeatedly corrected or advised the judgments: he stopped the stoning of a woman with a mental affliction, asked Umar what authority he had over the unborn child of a confessing pregnant woman, showed by a test that a woman's claim of assault was false, and said that the innovated marriage should be returned to the Sunna. Umar is reported to have said that he sought refuge from a problem Abu al-Hasan could not solve.