he would not do it, knowing that it entails harm without benefit. Someone who does not know that it will harm him—such as a child, an insane person, or someone who is distracted or heedless—may do so. Whoever undertakes something harmful, despite knowing the harm it entails, does so because he believes its benefit outweighs its harm. Either he is certain of a harm outweighed by benefit, or he believes that the good predominates. Thus, the good must predominate, either in probability or in the anticipated outcome. This is like someone who travels by sea and undertakes long journeys for profit: if he were certain that he would drown or suffer a loss, he would not travel. Rather, he considers safety and profit more likely, even if this belief is mistaken.

The same applies to sins. If a thief were certain that he would be caught and have his hand cut off, he would not steal. Likewise, if someone committing unlawful sexual intercourse were certain that he would be stoned to death, he would not commit it. The case of someone who drinks intoxicants differs: he may risk forty or eighty lashes and nevertheless persist in drinking.

For this reason, the correct view is that the punishment for drinking intoxicants is not fixed; rather, it may extend to execution if he will not desist otherwise, as stated in the hadiths and discussed elsewhere.

The same applies to punishments generally: whenever someone intent on sinning is certain that, through it, he will incur