Guarantee for one who tortured a prisoner until he lost his mind
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, if a person is imprisoned and then tortured until he loses his mind, is the one who imprisoned him liable for the blood money? And if he was authorized by the ruler, who is liable?
Answer:
This is for the court to look into. If the one who tortured him was not authorized to do so, and it was merely for revenge, then this has a ruling. But if it was according to the system and according to what the state has established, then he owes nothing, because he is authorized to do this. And crimes and offenses are not established except in such matters. Yes.
He says: Honorable Shaykh, may Allah grant you success, if a person is imprisoned and then tortured until he loses his mind, is the one who imprisoned him liable for the blood money? And if he was authorized by the ruler, who is liable?
Answer:
This is for the court to look into. If the one who tortured him was not authorized to do so, and it was merely for revenge, then this has a ruling. But if it was according to the system and according to what the state has established, then he owes nothing, because he is authorized to do this. And crimes and offenses are not established except in such matters. Yes.
Source
الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - 091-كتاب الجنايات - ديات النفس — archive.org (33:53)
The Arabic text is a machine transcription of the audio recording.