The Meaning of the Rule: The Fixed Punishments Are Averted by Doubt
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The questioner:
He says: Honorable Shaykh, may Allah grant you success, what is the meaning of the saying, "The fixed punishments are averted by doubt"?
The Shaykh:
Yes, just as you heard. If a person is ignorant and does not know the ruling, the fixed punishment is averted from him due to the doubt of ignorance. If he says, "I thought she was my wife," and he did not realize she was a stranger, thinking she was his wife, the fixed punishment is averted from him on this basis, because it is possible that he was mistaken. Yes.
The questioner:
Honorable Shaykh.
The Shaykh:
For example, if he contracted a marriage with her through a defective contract without witnesses or without a guardian, and he thought the contract was valid, then he had intercourse with her, the fixed punishment is averted from him in this case, because this is a doubt. Yes.
He says: Honorable Shaykh, may Allah grant you success, what is the meaning of the saying, "The fixed punishments are averted by doubt"?
The Shaykh:
Yes, just as you heard. If a person is ignorant and does not know the ruling, the fixed punishment is averted from him due to the doubt of ignorance. If he says, "I thought she was my wife," and he did not realize she was a stranger, thinking she was his wife, the fixed punishment is averted from him on this basis, because it is possible that he was mistaken. Yes.
The questioner:
Honorable Shaykh.
The Shaykh:
For example, if he contracted a marriage with her through a defective contract without witnesses or without a guardian, and he thought the contract was valid, then he had intercourse with her, the fixed punishment is averted from him in this case, because this is a doubt. Yes.
Source
شرح أخصر المختصرات في الفقه، كتاب الحدود — islamhouse.com (50:08)
The Arabic text is a machine transcription of the audio recording.