Is the prescribed punishment (Hadd) obligatory merely upon detecting the odor of alcohol emanating from a person's mouth?

Primary text

The prescribed punishment (Hadd) is not obligatory merely upon the presence of the odor of alcohol emanating from one's mouth. This is the view held by the majority of scholars, including Al-Thawri, Abu Hanifa, and Al-Shafi'i. The primary evidence for this position is that the odor is an equivocal indication; it is possible that the person merely rinsed their mouth with it, spat it out after holding it, mistakenly believed it was non-intoxicating, was coerced into consuming it, or ate mature *nabq* fruit or apple drink, which can produce an odor similar to wine. Since such possibilities exist, the Hadd, which is averted by doubts (Shubuhat), is not established. Furthermore, the narration concerning Umar where he found an odor on 'Ubayd Allah but stated he would question him first before applying the punishment supports this view, as he did not immediately impose the Hadd based solely on the odor.