Punishment For Intoxicants

Is the punishment for drinking intoxicants ‘Hadd’ (حد) or ‘Ta’zir’ (تعزير)?

The vast majority of scholars of the 4 madhabs (some claimed its a consensus (الإجماع), they believe that the punishment for drinking intoxicants is ‘Hadd’.

Another group of scholars believe that there is no prescribed ‘hadd’ punishment for drinking intoxicants, but that it is (disciplinary) ‘ta’zir’ punishment. One of the strongest advocates of this position is Imam al-Shawkani.

Ibn Abbaas is reported to have said:
أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم لَمْ يَقِتْ فِي الْخَمْرِ حَدًّا ‏.‏ وَقَالَ ابْنُ عَبَّاسٍ شَرِبَ رَجُلٌ فَسَكِرَ فَلُقِيَ يَمِيلُ فِي الْفَجِّ فَانْطُلِقَ بِهِ إِلَى النَّبِيِّ صلى الله عليه وسلم فَلَمَّا حَاذَى بِدَارِ الْعَبَّاسِ انْفَلَتَ فَدَخَلَ عَلَى الْعَبَّاسِ فَالْتَزَمَهُ فَذُكِرَ ذَلِكَ لِلنَّبِيِّ صلى الله عليه وسلم فَضَحِكَ وَقَالَ ‏ “‏ أَفَعَلَهَا ‏”‏ ‏.‏ وَلَمْ يَأْمُرْ فِيهِ بِشَىْءٍ ‏.‏
The Prophet (ﷺ) did not prescribe any punishment for drinking wine. Ibn Abbas said: A man who had drunk wine and become intoxicated was found staggering on the road, so he was taken to the Prophet (ﷺ). When he was opposite al-Abbas’s house, he escaped, and going in to al-Abbas, he grasped hold of him. When that was mentioned to the Prophet (ﷺ), he laughed and said: Did he do that? and he gave no command regarding him.
[“Abu Dawud”, 4476].
https://sunnah.com/abudawud:4476

The chain of this report is disputed, but Ibn Hajar said in “Fath al-Bari”, (12/63) that it is strong:
وورد أنه لم يضربه أصلا وذلك فيما أخرجه أبو داود والنسائي بسند قوي

In the time of the Prophet, there was no specific punishment, some people were hit with sandals, etc.

And the Khulafa kept changing the number of lashes, which in itself indicates that it is not a ‘Hadd’ punishment, because nobody is allowed to reduce or exceed the Hudood.

If you look at it from this angle, it makes perfect sense that is Ta’zir, but very few scholars took this position, it is as one person said:

القول بأنه تعزير قويٌ جداً من حيث الدليل، ضعيف جداً من حيث القائلين به!

But in any case, drinking intoxicants is a major sin (الكبائر) in Islam, by agreement of all scholars. Considering it permissible is kufr, because the prohibition is known by necessity (المعلوم من الدين بالضرورة).

Allaahu A’alam