You have been overly fastidious in your testimony.' This occurred in the presence of the scholars of the Companions and their leaders, and it was not objected to, so it was a consensus (ijma'). And because it is sufficient for the testimony against him that he drank it, and he would not vomit it or become intoxicated from it unless he had drunk it.

Section: As for the testimony (al-bayyinah), it can only be provided by two upright (adl) Muslim men who testify that it is an intoxicant. They do not need to specify its type, because it does not divide into that which mandates the hadd and that which does not, unlike adultery (zina), which is applied to the literal act and to its precursors. That is why the Prophet (peace and blessings of Allah be upon him) said: 'The eyes commit adultery, the hands commit adultery, and the private parts confirm or deny that.' Therefore, the two witnesses needed to clarify it. In our current issue, nothing is called an intoxicant unless it is indeed intoxicating, so there is no need to mention its type. Furthermore, there is no need in the testimony to mention the absence of compulsion, nor his knowledge that it is an intoxicant, because the default state is choice and knowledge, while anything other than that is rare and remote; thus, there is no need to declare it. For this reason, this is not considered in any testimony, nor did Uthman consider it in the testimony against al-Walid ibn Uqbah, nor did Umar consider it in the testimony against Qudamah ibn Maz'un, nor in the testimony against al-Mughirah ibn Shu'bah. If two people testify to an emancipation or a divorce, there is no need to mention that it was done by choice; likewise here.

1600 - Issue: He said: 'If he dies during his flogging, the truth has killed him.' Meaning: No one is held liable for his death.

This is the position of Malik and the scholars of opinion (Ashab al-Ra'y). It is also the position of al-Shafi'i if the flogging does not exceed forty lashes. If it exceeds forty and he dies, then liability applies, because that is a discretionary punishment (ta'zir), which the Imam only carries out based on his own judgment. Regarding the amount of liability, there are two opinions: one is that it is half of the blood money (diyah), because his death resulted from two acts: one for which there is liability and one for which there is none; therefore, he is liable for half. The second is that the blood money is divided across the total number of lashes, so the portion of the blood money equivalent to the excess beyond forty lashes becomes mandatory.