Distinguishing between the limits of Allah and the rights of people in the matter of pardon
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Question:
Yes. In the name of Allah, the Most Gracious, the Most Merciful. That is all. Honorable Shaykh! How do we reconcile your statement that the Prophet (peace and blessings be upon him) was not pleased with the thief who stole the cloak when the owner of the cloak pardoned him, and that he was pleased when the slave girl and her family pardoned al-Rabi'?
Answer:
Yes, the answer to this is clear, and praise be to Allah, because al-Rabi' was a right belonging to a created being, and retaliation (qisas) is a right belonging to a created being. So if the created being pardons, the retaliation is dropped. And Allah has encouraged pardon, saying that pardoning is closer to piety,[Al-Baqarah 2:178]. So the retaliation in the case of al-Rabi' was a right for the created beings, and they forgave it. As for theft, the hadd of theft is a right for Allah; the hadd of zina and the hadd of intoxicants are rights for Allah, Glorified and Exalted is He. They differed regarding the hadd of falsely accusing someone of zina: is it a right for the created being or a right for Allah?
It is correct that it is also a right for Allah. So the hudud that are rights for Allah are not permissible to pardon after they have been brought before the one in authority. As for the hudud that are rights for the created beings, such as retaliation, these are permissible to pardon after they reach the one in authority. Yes. Please proceed.
Yes. In the name of Allah, the Most Gracious, the Most Merciful. That is all. Honorable Shaykh! How do we reconcile your statement that the Prophet (peace and blessings be upon him) was not pleased with the thief who stole the cloak when the owner of the cloak pardoned him, and that he was pleased when the slave girl and her family pardoned al-Rabi'?
Answer:
Yes, the answer to this is clear, and praise be to Allah, because al-Rabi' was a right belonging to a created being, and retaliation (qisas) is a right belonging to a created being. So if the created being pardons, the retaliation is dropped. And Allah has encouraged pardon, saying that pardoning is closer to piety,
But whoever overlooks from his brother anything, then there should be a suitable follow-up and payment to him with good conduct
فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَاءٌ إِلَيْهِ بِإِحْسَانٍIt is correct that it is also a right for Allah. So the hudud that are rights for Allah are not permissible to pardon after they have been brought before the one in authority. As for the hudud that are rights for the created beings, such as retaliation, these are permissible to pardon after they reach the one in authority. Yes. Please proceed.
Source
التنازل عن إقامة الحدود — alfawzan.live
The Arabic text is a machine transcription of the audio recording.