Reconciliation with a thief without referring him to the judge
Machine translationRead the Arabic original
The questioner:
If a theft is established against a Muslim, is it permissible for me to accept the return of my property on the condition that I do not report it to the judge to have the hadd (fixed punishment) for theft carried out, knowing that the amount stolen is approximately one hundred thousand riyals?
The Shaykh:
There is no harm. If you are satisfied with him and he gives you money and you cover up his sin, there is no harm. However, if his evil is great, or if you know that he does this with people, then it is necessary that he be referred to the authorities and his life be made difficult for him until his evil is a deterrent to people. But if it was only once between you and him, or twice, and he is not known to be a person of evil, then there is no harm in covering up his sin and making a settlement with him. This is because when the cloak of Safwan ibn Umayyah was stolen, the man was brought to the Prophet (peace and blessings be upon him), and he said to him, "This man stole my cloak." The Prophet (peace and blessings be upon him) ordered his hand to be cut off. The man said, "O Messenger of Allah, I have made a mistake regarding him; my cloak is his." The Prophet (peace and blessings be upon him) said, "Why did you not...Sunan an-Nasa'i 4883Hasan (Darussalam) If the case reaches the ruler, may Allah curse the one who intercedes and the one who is interceded for."
The point is that before it reaches the ruler, there is no harm in pardoning the person in the area. It was correct that the hadd is waived by the pardon. But if it reaches the ruler and the case is referred to the prince, no, it means that he cannot pardon it.
The questioner:
By Allah, we wish to reconcile.
The Shaykh:
The hudud (fixed punishments) must be carried out after the ruler has taken charge.
If a theft is established against a Muslim, is it permissible for me to accept the return of my property on the condition that I do not report it to the judge to have the hadd (fixed punishment) for theft carried out, knowing that the amount stolen is approximately one hundred thousand riyals?
The Shaykh:
There is no harm. If you are satisfied with him and he gives you money and you cover up his sin, there is no harm. However, if his evil is great, or if you know that he does this with people, then it is necessary that he be referred to the authorities and his life be made difficult for him until his evil is a deterrent to people. But if it was only once between you and him, or twice, and he is not known to be a person of evil, then there is no harm in covering up his sin and making a settlement with him. This is because when the cloak of Safwan ibn Umayyah was stolen, the man was brought to the Prophet (peace and blessings be upon him), and he said to him, "This man stole my cloak." The Prophet (peace and blessings be upon him) ordered his hand to be cut off. The man said, "O Messenger of Allah, I have made a mistake regarding him; my cloak is his." The Prophet (peace and blessings be upon him) said, "Why did you not...
Why did you not say this before you brought him to me?
كان هذا قبل أن تأتيني بهThe point is that before it reaches the ruler, there is no harm in pardoning the person in the area. It was correct that the hadd is waived by the pardon. But if it reaches the ruler and the case is referred to the prince, no, it means that he cannot pardon it.
The questioner:
By Allah, we wish to reconcile.
The Shaykh:
The hudud (fixed punishments) must be carried out after the ruler has taken charge.
Source
ندوات الجامع الكبير مع الأسئلة - 42 — archive.org (7:14)
The Arabic text is a machine transcription of the audio recording.
