Averting the hudud (fixed Qur'anic punishments) by doubt and excusing ignorance due to the hadith of the recent convert to Islam
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The questioner:
Honorable Shaykh, should the ruling not be that ignorance is an excuse for the one who is a recent convert to Islam, such that he is excused for breaking the fast in Ramadan?
The Shaykh:
Yes, if he is a recent convert to Islam. He is excused for ignorance in Ramadan and in other times. Yes, and what concerns Ramadan, yes.
The questioner:
The reality of the matter is that the hudud are averted by doubt, not that they are executed with the negation.
The Shaykh:
If the sinner has a doubt. If he has a doubt. For example, if he says, "I had intercourse with this woman thinking she was my wife, thinking she was my wife." This is a doubt. This doubt removes the hadd from him, because this is a close doubt, meaning it is possible that it could happen. I did not intend to commit zina (unlawful sexual intercourse) with her, but I thought she was my wife. This is a doubt. Yes.
The questioner:
And the Shaykh said.
The Shaykh:
Or if he says, "I drank this intoxicant, I did not think it was an intoxicant, I thought it was water or I thought it was juice, I did not think it was an intoxicant." This is also an excuse. Or if he says, "I was forced, I was forced to drink it, I was forced to drink it." If the evidence indicates his truthfulness, then it is accepted, and the hadd is averted from him. Yes.
Honorable Shaykh, should the ruling not be that ignorance is an excuse for the one who is a recent convert to Islam, such that he is excused for breaking the fast in Ramadan?
The Shaykh:
Yes, if he is a recent convert to Islam. He is excused for ignorance in Ramadan and in other times. Yes, and what concerns Ramadan, yes.
The questioner:
The reality of the matter is that the hudud are averted by doubt, not that they are executed with the negation.
The Shaykh:
If the sinner has a doubt. If he has a doubt. For example, if he says, "I had intercourse with this woman thinking she was my wife, thinking she was my wife." This is a doubt. This doubt removes the hadd from him, because this is a close doubt, meaning it is possible that it could happen. I did not intend to commit zina (unlawful sexual intercourse) with her, but I thought she was my wife. This is a doubt. Yes.
The questioner:
And the Shaykh said.
The Shaykh:
Or if he says, "I drank this intoxicant, I did not think it was an intoxicant, I thought it was water or I thought it was juice, I did not think it was an intoxicant." This is also an excuse. Or if he says, "I was forced, I was forced to drink it, I was forced to drink it." If the evidence indicates his truthfulness, then it is accepted, and the hadd is averted from him. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 80 من 89|شرح العدة في شرح العمدة|كتاب الديات|باب كفارة القتل|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:00:51)
The Arabic text is a machine transcription of the audio recording.
