The application of the hudud (fixed Qur'anic punishments) to the weak
Machine translationRead the Arabic original
Question:
As for the Shaykh (may Allah grant you success), if one believes that he will not be brought in, and that he must be brought in, that is clear, because it is established. So what do you do with him?
Answer:
The hudud (fixed Qur'anic punishments) are applied to him; the hudud (fixed Qur'anic punishments) of a man are applied to him, even if he is weak. Because the life of a man was taken, he is executed. Just as if he were obligated to be singled out, or if he were obligated to be brought in, the hudud (fixed Qur'anic punishments) are applied to him. Yes.
As for the Shaykh (may Allah grant you success), if one believes that he will not be brought in, and that he must be brought in, that is clear, because it is established. So what do you do with him?
Answer:
The hudud (fixed Qur'anic punishments) are applied to him; the hudud (fixed Qur'anic punishments) of a man are applied to him, even if he is weak. Because the life of a man was taken, he is executed. Just as if he were obligated to be singled out, or if he were obligated to be brought in, the hudud (fixed Qur'anic punishments) are applied to him. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 81 من 89|شرح العدة في شرح العمدة|كتاب الحدود|فصل فيما يشترط في السوط يقام به الحد|صالح الفوزان|الفقه — youtube.com (1:01:39)
The Arabic text is a machine transcription of the audio recording.