Blood Money for the Loss of the Benefit of Childbirth and the Physician's Offense
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, may Allah preserve you. If a person looks at a place and knows that the sorcerer will make it great, so it becomes great, is the full blood money taken from the sorcerer?
The Shaykh:
Yes, if he intentionally deprives him of the benefit of childbirth, then the blood money is taken from him. The debt is taken from him. However, if it is a doctor seeking to treat, and he did not intend to be a skilled doctor seeking treatment, and the person gave him permission to treat him, then he owes nothing. This is because this is an authorized act, and what resulted from it is the goal. The skilled doctor is not liable because he is authorized to treat and authorized to practice medicine. If death results from his treatment, the doctor owes nothing. However, if the doctor is not skilled, or if he was not authorized for this treatment, then he is liable. Yes.
The questioner:
It is not possible to escape from the harm in any way.
The Shaykh:
The perpetrator is treated in the same manner as the victim was treated, yes.
The questioner:
All right.
The Shaykh:
[Al-Baqarah 2:194]. Yes.
Honorable Shaykh, may Allah preserve you. If a person looks at a place and knows that the sorcerer will make it great, so it becomes great, is the full blood money taken from the sorcerer?
The Shaykh:
Yes, if he intentionally deprives him of the benefit of childbirth, then the blood money is taken from him. The debt is taken from him. However, if it is a doctor seeking to treat, and he did not intend to be a skilled doctor seeking treatment, and the person gave him permission to treat him, then he owes nothing. This is because this is an authorized act, and what resulted from it is the goal. The skilled doctor is not liable because he is authorized to treat and authorized to practice medicine. If death results from his treatment, the doctor owes nothing. However, if the doctor is not skilled, or if he was not authorized for this treatment, then he is liable. Yes.
The questioner:
It is not possible to escape from the harm in any way.
The Shaykh:
The perpetrator is treated in the same manner as the victim was treated, yes.
The questioner:
All right.
The Shaykh:
assault him in the same way that he has assaulted you
عَلَيْكُمْ فَاعْتَدُوا عَلَيْهِ بِمِثْلِ مَا اعْتَدَىٰ عَلَيْكُمْ
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 (27:21)
The Arabic text is a machine transcription of the audio recording.