Executing Retaliation Through Agency and Its Consequences
Machine translationRead the Arabic original
Question:
If the one who was wronged by the aggressor was wronged with a wound that entails a penalty, and the wound occurred under a guarantee of safety, and the one who carried out the execution was the deputy of our guardian, what is the ruling?
Answer:
Anything that is authorized is not guaranteed. Executing retaliation is authorized. If someone other than the one entitled to it carries it out because the owner of the right appointed him as an agent, the agent takes the place of the principal. This is authorized. Yes.
If the one who was wronged by the aggressor was wronged with a wound that entails a penalty, and the wound occurred under a guarantee of safety, and the one who carried out the execution was the deputy of our guardian, what is the ruling?
Answer:
Anything that is authorized is not guaranteed. Executing retaliation is authorized. If someone other than the one entitled to it carries it out because the owner of the right appointed him as an agent, the agent takes the place of the principal. This is authorized. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 75 من 89|شرح العدة في شرح العمدة|كتاب الجنايات|باب الاشتراك في القتل|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:05:30)
The Arabic text is a machine transcription of the audio recording.