Pardoning the Distinguished

The Permanent Committee for Scholarly Research and Ifta

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Q: What is the authenticity of the hadith that was narrated by Abu Dawud and others , the text of which is: أقيلوا ذوي الهيئات عثراتهم Forgive the people of good qualities their slipsSunan Abi Dawud 4375Sahih (Al-Albani) And is it permissible to cite it as evidence? Because, according to my limited reading of the scholars' books, I saw, for example, the author of *Bulugh al-Maram* saying that there is a discussion regarding this hadith. I also came across doubts about this hadith by the editor of the book *al-Muwafaqat*, the gist of which is that it contradicts the Noble Qur'an and its verses calling for establishing equality and justice. Therefore, I ask my dear father to give the final verdict on this hadith.

A: This hadith was narrated by Imam Ahmad, Abu Dawud, al-Nasa'i, al-Bayhaqi, and others, from 'A'ishah (may Allah be pleased with her), that the Prophet (peace and blessings be upon him) said:

Forgive the people of good qualities their slips, but not faults to which prescribed penalties apply.

أقيلوا ذوي الهيئات عثراتهم إلا الحدود

Sunan Abi Dawud 4375Sahih (Al-Albani)

It has many chains, none of which is free from criticism, but taken together they make the hadith hasan (good). The meaning of the hadith is: The Prophet (peace and blessings be upon him) agreed to waive the punishment for a person of high standing if he commits a slip or a mistake not previously known of him, except in the case of a hadd (fixed punishment) from the limits of Allah the Exalted, which has reached the authority and must be carried out. By "people of high standing" are meant those of good character and noble qualities among the general public, whose obedience has been long-standing and whose justice is well-known, but whose feet may slip at times, causing them to fall into sin and error. The scholar Ibn al-Qayyim (may Allah have mercy on him) explained this meaning by saying: The Prophet (peace and blessings be upon him) does not describe people of piety, obedience, and worship as "people of high standing," and this phrase is not found in the speech of Allah and His Messenger regarding the obedient and the pious. It appears that they are those of high rank among people in terms of status, honor, and nobility, for Allah the Exalted has distinguished them with a type of honor and preference over their kind. So if one of them is a person of modesty, well-known for his goodness, until his horse stumbles, his patience is tested, and his Shaytan prevails over him, we should not rush to rebuke and punish him. Rather, his slip should be overlooked, as long as it is not a hadd from the limits of Allah, for it is necessary to exact it from the noble just as it is necessary to take it from the lowly. For the Prophet (peace and blessings be upon him) said:
Ibn al-Qayyim (may Allah have mercy on him) said: "The Prophet (peace and blessings be upon him) does not describe people of piety, obedience, and worship as 'people of high standing,' and this phrase is not found in the speech of Allah and His Messenger regarding the obedient and the pious. It appears that they are those of high rank among people in terms of status, honor, and nobility, for Allah the Exalted has distinguished them with a type of honor and preference over their kind. So if one of them is a person of modesty, well-known for his goodness, until his horse stumbles, his patience is tested, and his Shaytan prevails over him, we should not rush to rebuke and punish him. Rather, his slip should be overlooked, as long as it is not a hadd from the limits of Allah, for it is necessary to exact it from the noble just as it is necessary to take it from the lowly. For the Prophet (peace and blessings be upon him) said:

those who have gone before you were destroyed, because if any one of high rank committed theft amongst them, they spared him; and it anyone of low rank committed theft, they inflicted the prescribed punishment upon him. By Allah, if Fatima, daughter of Muhammad, were to steal, I would have her hand cut off.

إنما أهلك الذين قبلكم أنهم كانوا إذا سرق فيهم الشريف تركوه، وإذا سرق فيهم الضعيف أقاموا عليه الحد، وايم الله لو أن فاطمة بنت محمد سرقت لقطعت يدها

Sahih Muslim 1688a

It is agreed upon that it is authentic. This is a great chapter among the chapters of the excellences of this complete Shari'ah, and its governance of the world and its organization of the interests of the servants in this life and the Hereafter. This is the end of his words. Based on what has been mentioned, it is clear that the meaning of the hadith does not contradict the principle of equality and justice in Islam, but rather it involves waiving the punishment for an error or sin that does not involve a hadd, if it comes from someone for whom it is not customary, and if no harm results from not imposing a discretionary punishment. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.

Source www.alifta.gov.sa

The Arabic text is copied verbatim from the original source, without any edits.

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