Musannaf Ibn Abi Shayba 19:337

Abu Bakr narrated to us, he said: Ibn Fudayl narrated to us, from ‘Ata’ ibn al-Sa’ib, from Abu ‘Abd al-Rahman, from ‘Ali, who said: A group of the people of al-Sham drank wine, and Yazid ibn Abi Sufyan was over them. They said, "It is lawful for us," and they interpreted this verse: "There is no sin upon those who believe and do righteous deeds in what they consume." He said: He wrote to ‘Umar regarding them, so he wrote: "Send them to me before they corrupt those who are with you." When they arrived before ‘Umar, he consulted the people regarding them. They said, "O Commander of the Faithful, we see that they have lied about Allah and legislated in His religion that which Allah has not permitted, so strike their necks." ‘Ali was silent. He said, "What do you say regarding them, O Abu al-Hasan?" He said, "I see that you should ask them to repent. If they repent, you flog them eighty [lashes] for drinking wine, and if they do not repent, you strike their necks, for they have lied about Allah and legislated in His religion that which Allah has not permitted." So he asked them to repent, and they repented, so he flogged them eighty [lashes] each.