Is a penalty (*Hadd*) applicable if a person is found vomiting wine or is found intoxicated?
General Chapter
Al-Mughni
Book of Beverages (Intoxicants)
Primary text
The penalty (*Hadd*) for consuming intoxicants is incumbent upon a person found intoxicated or vomiting wine. This is the position derived from the actions of the Companions. When Alqamah al-Khasy testified that he saw a man vomiting wine (*Khamr*), 'Umar stated, "Whoever vomits it has drunk it," and administered the *Hadd*. Similarly, when Al-Walid ibn 'Uqbah was brought before 'Uthman, and one witness testified seeing him drink it while another testified seeing him vomit it, 'Uthman ruled that vomiting necessitated prior consumption, and ordered 'Ali to administer the penalty. This ruling was accepted by the assembly of Companions and their leaders without objection, signifying consensus (*Ijma'*). The basis is that testimony of drinking suffices, and one does not vomit or become intoxicated from it without having consumed it.
Supporting text
There is a reported view from Ahmad that no penalty is due in such cases because the person might have been compelled (*mukrah*) or unaware that the substance causes intoxication. This is also the view of Al-Shafi'i. Additionally, another narration from Ahmad, regarding applying the penalty based merely on the smell of wine, implies that if the penalty is due based on smell (which occurs only after drinking), it is even more necessarily incumbent when evidence points to the act of drinking itself.