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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Meaning of the Conjunction of Direct Action and Causation, and the Guarantee of the One Holding

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Question:
And the Shaykh said: What is meant by the teacher’s statement regarding the case of the murdered man? He said: If direct action is combined with it, the liability falls on the direct actor, just as it falls on the one who pushes.

Answer:
Like the pusher and the digger, yes, the one holding becomes like the pusher, like the digger. The one holding becomes like the digger of the pit, and the killer becomes like the pusher who pushed him into the pit. So, retaliation (qisas) is upon the direct actor in both cases. As for the one holding, he is like the digger, so discretionary punishment (ta'zir) is upon him, as mentioned before, by imprisonment, meaning he is imprisoned until he dies, 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 (29:39)

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

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