That Ali said regarding the consultation: "If he becomes intoxicated, he raves, and if he raves, he slanders; so inflict upon him the punishment for the slanderer." This was narrated by al-Juzajani, al-Daraqutni, and others. The second narration is that the hadd is forty lashes. This is the choice of Abu Bakr and the madhhab of al-Shafi'i, because Ali whipped al-Walid ibn Uqbah forty times, then said: "The Prophet (peace and blessings of Allah be upon him) whipped forty, and Abu Bakr forty, and Umar eighty, and all are Sunnah, and this one is more beloved to me." Narrated by Muslim. From Anas, who said: "A man was brought to the Messenger of Allah (peace and blessings of Allah be upon him) who had drunk khamr, and he struck him with sandals about forty times. Then he was brought to Abu Bakr, and he did the same. Then he was brought to Umar, who consulted the people regarding the hadd punishments, and Ibn Awf said: 'The lightest of the hadd punishments is eighty.' So Umar struck him [with that amount]." Agreed upon. The action of the Prophet (peace and blessings of Allah be upon him) is an argument that cannot be abandoned due to the action of another, and consensus cannot be established upon that which opposes the action of the Prophet, Abu Bakr, and Ali (may Allah be pleased with them both). Thus, the increase by Umar is interpreted as being a ta'zir (discretionary punishment), the execution of which is permissible if the Imam deems it necessary.

Section Four: The hadd is only mandatory upon one who drank it while choosing to do so. If he drank it under compulsion, there is no hadd upon him, nor is there any sin, whether he was compelled by threats or beating, or was forced to drink it by having his mouth opened and it being poured into it, for the Prophet (peace and blessings of Allah be upon him) said: "My ummah has been pardoned for mistakes, forgetfulness, and what they are compelled to do." Likewise for the one forced to it to remove a choking obstruction, if he finds no other liquid besides it.