And because it is prohibited for its own essence, it is not permitted for medical treatment, like pork. And because necessity is not repelled by it, it is not permitted, similar to using it for medical treatment in cases for which it is not suitable.

Chapter Five: The hadd punishment is only incurred by one who drinks it while knowing that its large amount intoxicates. As for anyone else, there is no hadd upon him, because he is not aware of its prohibition and does not intend to commit a sin by it, so he is like someone to whom someone other than his wife was brought in consummation. This is the opinion of the general body of scholars. As for one who drinks it while unaware of its prohibition, there is no hadd upon him either, because Umar and Uthman said: "There is no hadd except for one who knew it." And because he is not aware of the prohibition, he is like someone who did not know that it was khamr. If he claims ignorance of its prohibition, we examine: if he grew up in a land of Islam among Muslims, his claim is not accepted, because this is something that hardly stays hidden from someone like him, so his claim is not accepted regarding it. But if he is a recent convert to Islam, or grew up in a desert region far from cities, it is accepted from him, because what he said is plausible.

Section: The hadd is not mandatory until his drinking is proven by one of two things: confession or testimony. A single confession is sufficient according to the opinion of the general body of scholars, because it is a hadd that does not involve destroying life, so it is like the hadd of slander (qadhf). If he retracts his confession, his retraction is accepted, because it is a hadd of Allah the Exalted, so his retraction from it is accepted, like all other hadd punishments. The presence of an odor is not required alongside the confession. It was narrated from Abu Hanifah that there is no hadd upon him unless an odor is found. This is incorrect, because it is one of the two pieces of evidence for drinking, so the existence of an odor is not required with it, just as with testimony. Furthermore, he might confess after the odor has vanished from him, and because it is a confession to a hadd, it is sufficient, like all other hadd punishments.

Section: The hadd is not mandatory due to the presence of the odor of khamr from his mouth, according to the opinion of the majority of scholars, among them al-Thawri, Abu Hanifah, and al-Shafi'i. Abu Talib narrated from Ahmad that he is to be given the hadd for that. This is the opinion of Malik, because Ibn Mas'ud flogged a man from whom he found the odor of khamr. It was narrated from Umar,