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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Explanation of the exception regarding surety in fixed punishments

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Question:
He says: Honorable Shaykh, may Allah grant you success. Shaykh Ibn Qasim (may Allah have mercy on him) mentioned in his marginalia, regarding the closing salam, that surety is not valid in fixed punishments. He stated, "The correct opinion is that this is the view of the majority of scholars, because it is not permissible to extract [the person] from the hands [of the authorities] unless the thief guarantees the prescribed compensation, in which case it is valid because it is a financial right." So I ask you, Honorable Shaykh, to clarify this exception. If one guarantees the money of the mosque, or if one guarantees the prescribed money, what does it mean to guarantee the prescribed money? And to return it to its owner, because that is the meaning of every meaning, what is it in the right?

Answer:
Yes. He says: Honorable Shaykh, may Allah reward you with truth. If one pledges an animal for a long period with a person, and he spends on its feed, and it carries and gives birth, to whom does the offspring belong? It follows it, and its offspring is pledged with it. Did you read this recently? Yes, indeed. The increase of the womb follows it, becoming pledged with it. So the offspring of the pledged animal is pledged with it.
Source قناة «العلامة الدكتور صالح الفوزان»، 141/84 شرح زاد المستقنع/ صالح الفوزان — youtube.com (14:43)

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

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