Punilliment
for winedrinking
to a
free perfon is
eighty ilripes,
and, to a
J/a-ve, forty
itripes.
Confeflion
may be retraced.
The offence is
proved by /ovo
witneffes, or,
by one confeflion.
T he punilliment of a free perfon, for drinking wine or other intoxicating
liquor, is eightyftripes, on the authority of all the companions;
and thofe eighty ftripes are to be inflidted .in every refpedt
under the lame rules and reftridtions as in the cafe of whoredom, according
to what is mentioned under that head : and (according to
the Rawdyet .Ma/hhoor,) the wine-drinker muft be ftripped naked to
receive his punilliment. It is recorded from Mahommsd that the offender
mull not be ftripped, as nothing concerning the punilliment for
wine-drinking occurs in the facred writings, wherefore it is expedient,
for the fake of lenity, that a wine-drinker be not ftripped to
receive corredtion. The reafon for what is recorded in the Rawdyet
Majhhoor is that one kind of lenity is already Ihewn in the number of
ftripes prelcribed, thofe in whoredom being one hundred, whereas in
wine-drinking there are only eighty ; hence it is not requilite that a
fecond fort of lenity be Ihewn in the mode of inflidtion.
If the drinker of wine be a Have, male or female, the punilhment
for wine-drinking, with refpedt to fuch, is forty ftripes only, becaufe
the ftate of bondage induces only half punilhment, as has been repeatedly
mentioned.
If a perfon make confeflion to the drinking of wine, or any other
intoxicating liquor, and afterwards retradt from fuch confeflion, pu-
nifliment is not to be inflidted upon him, as the punilhment of winedrinking
is purely a right of G od.
W i n e - d r i n k i n g is proved on the teftimony of two witneffes ;
and alio by confeflion once made. It is recorded from Hboo Toofaf
that two confeflions are requilite. But it is to be obferved that the
evidence of women againft men is not admilfible in wine-dxlnking,
becaufe the evidence of females is liable to variation, and they may
be alfo fiilpedted of abfence of mind, or forgetfulnefs.
T he degree of intoxication which occafions punilhment amounts
to this,— that the perfon lo intoxicated be not able to diftinguilh what
is faid to him in any lhape ;— nor to know a man from a woman. The
compiler of the Heddya obferves that this is the dodtrine of Haneefa.
The two difciples have faid that the degree of drunkennefs which
induces punilhment is fufficiently found in the intoxicated perfon
fpeaking confufedly and indiftindtly, as it is from this that drunkennefs
is generally underftood. Many dodtors agree with the two difciples
in this point. The argument of Haneefa is that the drinking
of wine is among the caufes of punilhment, wherefore it is to be noticed
only in the excefs ; for in adts which are caufes of punilhment
the excefs of them only is regarded, on account of feeking a pretext for
the purpofe of averting punilhment; and excefs of drunkennefs appears
in the intoxication fo far overpowering the reafon as not to leave the
perfon a capacity of diftinguilhing one object from another.------
(In afcertaining the illegality of intoxication produced by drinking
any other liquor than wine, regard is had to what the two difciples
maintain concerning the punilhment for drunkennels produced
by'iw»e-drinking.)— Shcfei, in the punilhment for drunkennefs,
has regard to the appearance o f the effedt produced by the
wine, in the intoxicated perfon’s walking, or other adtions, by
his ftaggering or turning giddy when he attempts to walk ; but our
dodtors fay that fuch effedt may proceed from different caufes, as
they fometimes do not attend drunkennefs, and fometimes occur in
other cafes, (fuch as weaknefs for inftance,) wherefore this lpecies of
effedt is not regarded.
If a perfon, during a fit of intoxication, Ihould make confeflion of
any thing which occafions punilhment, (fuch as whoredom for inftance,)
no punilliment is to be inflidted upon him, as in fuch a confeflion,
there is apprehenfion of falfehood, and this apprehenfion is to be regarded
fo far as to avert punilhment, fince punilhment \HidJ] is
purely a right of God :— it is otherwife, however, in punilhment for
-Vol. II. I fander.
Degree o f intoxication
required
to induce
punifh-
ment.
Confeflion o f
any offence,
made during
intoxication,
is not regarded
: