al-Aziz and al-Sha'bi. Al-Thawri, Abu Hanifa, and al-Shafi'i also held this view, because the objective is deterrence and chastisement, and this is achieved more perfectly when the prescribed punishment is carried out upon him in his state of sobriety, so it should be delayed until then.

Section: The level of intoxication that renders the consumer of nabidh (fermented beverage) a transgressor, causes disagreement regarding the validity of his divorce, and prevents the validity of his prayer, is that which causes him to mix up his speech such that he says things he would not have said before drinking, alters his state from that of sobriety, overcomes his intellect, and prevents him from distinguishing between his own garment and another's when they are mixed, or between his sandal and the sandal of another. Al-Shafi'i, Abu Yusuf, Muhammad, and Abu Thawr said something similar. Abu Hanifa claimed that an intoxicated person is one who cannot distinguish the sky from the earth, nor a man from a woman. Our evidence is the saying of Allah the Almighty: {O you who have believed, do not approach prayer while you are intoxicated until you know what you are saying} [Quran 4:43]. This was revealed regarding the companions of the Messenger of Allah (peace and blessings of Allah be upon him) when they put one of their number forward to lead the prayer, and he prayed with them and omitted parts of his recitation that changed the meaning. They had stood up for prayer while knowing it, they recognized their Imam and put him forward to lead them, he intended to lead them and to recite for them, they intended to follow him, and they recognized the pillars of the prayer and performed them; thus, the verse indicated that as long as he does not know what he is saying, he is intoxicated. It is narrated that the Prophet (peace and blessings of Allah be upon him) was brought an intoxicated man [and he said: "What did you drink?"] He said: I drank nothing but the khalitayn (two mixtures). Another intoxicated man was brought, and he said: Will you not inform the Messenger of Allah (peace and blessings of Allah be upon him) that I did not steal, nor did I commit adultery? Thus, these individuals recognized the Messenger of Allah (peace and blessings of Allah be upon him) and offered excuses to him, even though they were intoxicated. Furthermore, regarding the hadith of Hamza, the uncle of the Prophet (peace and blessings of Allah be upon him), when a singing girl sang to him while he was intoxicated:

'O Hamza, look to the stout young she-camels... as they are tethered in the courtyard.'