Retaliation in Kind for the Coerced and Compelled Person, and His Becoming a Tool
Machine translationRead the Arabic original
The questioner:
You are not a shaykh, may Allah preserve you. You mentioned, may Allah preserve you, in the previous lesson that if a believer’s choice increases, the one who is coerced becomes a deferrer, and he is placed in a higher station.
The Shaykh:
Yes, there is no doubt about this. If the coerced person is forced and has no choice, he becomes a tool in the hand of the one who coerces him. So the retaliation is upon the one who coerces, not upon the coerced, because he has become like a tool.
The questioner:
Yes.
The Shaykh:
For example, he threw him onto a person. He took a person and threw him onto another, and he died; his neck was broken and he died. This is a case of being forced because he was dropped; he had no choice. He threw him onto him until his neck was broken and he died. Yes.
You are not a shaykh, may Allah preserve you. You mentioned, may Allah preserve you, in the previous lesson that if a believer’s choice increases, the one who is coerced becomes a deferrer, and he is placed in a higher station.
The Shaykh:
Yes, there is no doubt about this. If the coerced person is forced and has no choice, he becomes a tool in the hand of the one who coerces him. So the retaliation is upon the one who coerces, not upon the coerced, because he has become like a tool.
The questioner:
Yes.
The Shaykh:
For example, he threw him onto a person. He took a person and threw him onto another, and he died; his neck was broken and he died. This is a case of being forced because he was dropped; he had no choice. He threw him onto him until his neck was broken and he died. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 74 من 89|شرح العدة في شرح العمدة|كتاب الجنايات|باب الاشتراك في القتل|صالح الفوزان|الفقه|كبار العلماء — youtube.com (25:45)
The Arabic text is a machine transcription of the audio recording.
