the hadd for drinking is not established by text, [for it is established by text] in the Sunnah, and there is consensus on its obligation, and this prioritization is by way of recommendation (istihbab). If one were to start with other than it, it is permissible and occurs in its rightful place. These hadd punishments are not to be carried out consecutively, as that might lead to his demise; rather, whenever he recovers from one hadd punishment, the one following it is carried out. The second category: hadd punishments that are purely for the sake of a human being (adamiyy), which are retaliation (qisas) and the hadd for false accusation (qadhf). These are all to be carried out, starting with the lightest; so he is punished for false accusation, then cut off, then killed, because these are rights of humans that it is possible to carry out, so it becomes obligatory, like the rest of their rights. This is the opinion of al-Awza'i and al-Shafi'i. Abu Hanifa said: That which is less than killing is encompassed within it, arguing based on the statement of Ibn Mas'ud, and by analogy to the hadd punishments purely for Allah the Almighty. Our evidence is that that which is less than killing is a right of a human, so it does not fall away [by the execution of another punishment] as their debts do not; it differs from the right of Allah the Almighty, for that is based on leniency (musamaha). The third category: that hadd punishments for Allah and hadd punishments for humans are combined, and this consists of three types. One of them is that there is no killing in them, and these are all to be carried out. Abu Hanifa and al-Shafi'i held this view. From Malik is the view that the two hadd punishments for drinking and false accusation overlap, because they are equal, so they are like two killings or two amputations. Our evidence is that they are two hadd punishments from two different classes, and the physical site is not exhausted by them, so they do not overlap, like the hadd for adultery and the hadd for drinking. We do not concede their equality, for the hadd for drinking is forty lashes, and the hadd for false accusation is eighty. Even if their equality were conceded, their overlap would not necessarily follow, for if that necessitated their overlap, it would be mandatory for them to be included in the hadd for adultery, because the lesser of things that overlap is included in the greater. They differ from two killings or two amputations because the physical site is exhausted by the first, making it impossible to carry out the second, whereas this is not the case here. Based on this, one begins with the hadd for false accusation, because two meanings are combined in it: its lightness, and the fact that it is the right of a human who is scrupulous, unless we say: the hadd for drinking is forty.