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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Clarification that retaliation (qisas) is not a fixed punishment (hadd) and the effect of forgiveness in it

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Question:
Is the intended meaning of "ghabr" Hajj? And why is this term not used instead of other terms that are absent in its meaning?

Answer:
We said that retaliation (qisas) is not a fixed punishment (hadd), but rather a right belonging to the awliya (close friends of Allah) of the victim, or to the victim if he is alive. Therefore, retaliation is not a fixed punishment, but a right belonging to a created being. For this reason, forgiveness is encouraged. Allah the Exalted said:
But whoever overlooks from his brother anything, then there should be a suitable follow-up and payment to him with good conductفَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَاءٌ إِلَيْهِ بِإِحْسَانٍ
[Al-Baqarah 2:178]
. Thus, forgiveness is encouraged in cases of retaliation; it is not a fixed punishment, but a right belonging to a created being.
And whoever gives in charity
But whoever gives [up his right as] charity, it is an expiation for himفَمَن تَصَدَّقَ بِهِ فَهُوَ كَفَّارَةٌ لَّهُ
[Al-Ma'idah 5:45]
Allah considers that a charity, a charity from the one who forgives to the one who is forgiven, or a charity from the one who forgives to himself, giving in charity to himself. It is an expiation for him. The conclusion is that retaliation is not a fixed punishment.
Rather, it is a right belonging to a created being, and therefore forgiveness applies to it. As for the fixed punishment (hadd), it is a right belonging to Allah, Glorified and Exalted is He, so forgiveness does not apply to it, and it is not permissible to take money in its place. The fixed punishments must be carried out if they are established, and it is not permissible to forgive them or to intercede in them if the fixed punishments reach the ruler. May Allah curse the one who intercedes and the one for whom intercession is sought.
Do not intercede in a fixed punishment of Allah. When Usamah wanted to intercede with the Messenger (peace and blessings be upon him) regarding a fixed punishment for theft, he became angry with him, even though he loved him intensely and loved his father, Zayd ibn Harithah.
Are you interceding regarding one of the punishments prescribed by Allah ?اتشفع في حد من حدود الله
Sunan Abi Dawud 4373Sahih (Al-Albani)
? It is not permissible to be lenient with the fixed punishment, neither by forgiveness, nor by taking money, nor by intercession or mediation in it. 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 (1:09:01)

The Arabic text is a machine transcription of the audio recording.

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