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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is it correct that the hadd (fixed punishment) established by confession is not carried out unless the confessor requests it?

Machine translationRead the Arabic original
The questioner : If the hadd is established by confession, is it not the case that it is not carried out unless the confessor requests it?

The Shaykh : The confessor, no.

The questioner : For example, if a person commits zina (unlawful sexual intercourse) and then comes and forgives himself. Yes.

The Shaykh : But if the judge receives it, if the judge receives it.

The questioner : No, before it reaches him.

The Shaykh : No, before it reaches him, there is no harm, before it reaches him, the hadd is not carried out on him. For this reason, the Messenger (peace and blessings be upon him) said:
When he ordered the hand of the one who stole the cloak to be cut offلما أمر بقطع يد الذي سرق رداء
Safwan ibn Umayyah said: O Messenger of Allah, will you cut off his hand for the cloak? I have already given it to him as a gift. He said: Why did you not do so before you brought him to me?

The questioner : All right, the Shaykh says here that it is not permissible to delay after the hadd is established by evidence against him or by confession.

The Shaykh : Correct, the hadd must be carried out immediately.

The questioner : If he comes and confesses, it is necessary that his hand be cut off.

The Shaykh : It is cut off, it is cut off. And it is not delayed.
Source قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 378- هل يصح أن الحدَّ الثابت بالإقرار لا يُقام إلا بطلب المُقِرّ؟ - ابن عثيمين — youtube.com

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

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