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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Combining the hadith "No one bears the burden of another" with the responsibility of the 'Aqilah

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The questioner:
Honorable Shaykh, may Allah grant you success. It is mentioned in the hadith that "No one bears the burden of another," so how do you reconcile this with the 'Aqilah bearing the responsibility for the crime and its consequences?

The Shaykh:
Because the one who makes a mistake is excused, for the one who makes a mistake is excused. As for the intentional killer, he is not excused. Therefore, the intentional killer bears the burden of his crime. Even if the heirs demand the blood money instead of retaliation, the 'Aqilah owes nothing of it. This is regarding the intentional act. As for the accidental act, he is excused because he did not do it intentionally, and because mistakes are common. If every person who made a mistake had to bear the blood money, it would be too burdensome for him.
And because the 'Aqilah inherits from him if he has wealth, so how can they inherit from him if he has wealth but not bear his debt if he has a liability? This is the case. And the Prophet (peace and blessings be upon him) said:
The profit is in the loss.الغنم في الغرم.

The intentional killer does not have to pay an expiation, because Allah did not mention an expiation for him; rather, he must repent. The scholars differed on whether his repentance is accepted or not. Ibn 'Abbas held that it is not accepted and that he must be tormented in the Fire. The majority said that his repentance is accepted, because if a disbeliever repents, his repentance is accepted, so the killer is all the more so. Allah, Mighty and Majestic, says:
Indeed, Allah does not forgive association with Him, but He forgives what is less than that for whom He willsإِنَّ اللَّهَ لَا يَغْفِرُ أَن يُشْرَكَ بِهِ وَيَغْفِرُ مَا دُونَ ذَٰلِكَ لِمَن يَشَاءُ
[An-Nisa 4:48]
This includes killing. Yes.

The questioner:
When the Arabs read: Praise be to Allah.

The Shaykh:
If the 'Aqilah is unable to pay, yes, the public treasury bears it. If his wealth is only the 'Aqilah, and there is no 'Aqilah, or the 'Aqilah is poor and cannot bear it, the public treasury bears it. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 69 من 89|شرح العدة في شرح العمدة|كتاب الأيمان|باب كفارة اليمين|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:07:34)

The Arabic text is a machine transcription of the audio recording.

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