= Ibn Majah (2573), al-Tirmidhi (1510), and al-Nasa'i in al-Kubra (5278) all transmitted it through various chains from 'Asim ibn Bahdalah, with the same wording. They made the killing [apply] on the fourth [offense], and did not make it on the fifth as the author did.

It is also in Musnad Ahmad (16859) and Sahih Ibn Hibban (4446).

Al-Nasa'i also transmitted it (5279 and 5280) via the route of 'Abd al-Rahman ibn 'Abd al-Jadali, from Mu'awiyah, and its chain is sound. He also made the killing on the fourth [offense].

It is in Musnad Ahmad (16847).

On this topic, [reports] from more than one Companion [are recorded], which we have pointed out in al-Musnad at the hadith of 'Abdullah ibn 'Amr ibn al-'As (6552), and with all of them the killing is on the fourth [offense]. The author referred to some of them immediately following the hadith (4484).

This hadith has also been transmitted via the route of Abu Salih, from Abu Hurayrah, as will come with the author (4484). Al-Bukhari said, as al-Tirmidhi quoted from him following (1510): the hadith of Abu Salih from Mu'awiyah from the Prophet, peace and blessings be upon him, on this matter is more sound than the hadith of Abu Salih from Abu Hurayrah from the Prophet, peace and blessings be upon him.

Al-Tirmidhi said: This was only [applicable] in the early period [of Islam], then it was abrogated afterward. Thus Muhammad ibn Ishaq narrated, from Muhammad ibn al-Munkadir, from Jabir ibn 'Abdullah, from the Prophet, peace and blessings be upon him, who said: "Whoever drinks wine, flog him; if he returns [to it] a fourth time, kill him." He said: Then afterward a man who had drunk wine a fourth time was brought to the Prophet, peace and blessings be upon him, and he struck him [with lashes] but did not kill him. [We say: al-Nasa'i transmitted it in al-Kubra (5302) and (5303); its chain is weak and contains the 'an'anah of Ibn Ishaq.]

Then al-Tirmidhi said: Likewise al-Zuhri narrated from Qabisah ibn Dhu'ayb, from the Prophet, peace and blessings be upon him, something similar to this, so the killing was lifted and it became a concession. [We say: the author transmitted it as number (4484).]

Then he said: The practice is upon this hadith according to the generality of the people of knowledge; we know of no disagreement among them concerning this, in ancient or modern times. What strengthens this is what has been transmitted from the Prophet, peace and blessings be upon him, through many routes, that he said: "The blood of a Muslim who bears witness that there is no god but Allah and that I am the Messenger of Allah is not lawful [to shed] except for one of three [reasons]: a life for a life, the married adulterer, and the one who abandons his religion."

We say: Before him, al-Shafi'i in al-Umm 6/144 had already reported the consensus on abandoning the killing of one who has repeatedly drunk wine more than three times, where he said: The killing is abrogated by this hadith.