Imprisoning the one who caused harm by mistake until he pays the blood money
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success, if the one who caused harm by mistake does not have to pay the blood money for the mistake, why is he now being taken
The Shaykh:
What?
The questioner:
If the one who caused harm by mistake does not have to pay the blood money for the mistake, why is he now being imprisoned until he pays the blood money, when nothing is required of him, and it is only upon the 'aqilah?
The Shaykh:
This is a non-Shari'ah procedure, that he is imprisoned. It is a non-Shari'ah procedure. What is supposed to happen is that his 'aqilah is brought in, and they bear the cost according to their ability and capacity. That is what is supposed to happen. Imprisoning him is a non-Shari'ah procedure if it was a mistake.
He says: Honorable Shaykh, may Allah grant you success, if the one who caused harm by mistake does not have to pay the blood money for the mistake, why is he now being taken
The Shaykh:
What?
The questioner:
If the one who caused harm by mistake does not have to pay the blood money for the mistake, why is he now being imprisoned until he pays the blood money, when nothing is required of him, and it is only upon the 'aqilah?
The Shaykh:
This is a non-Shari'ah procedure, that he is imprisoned. It is a non-Shari'ah procedure. What is supposed to happen is that his 'aqilah is brought in, and they bear the cost according to their ability and capacity. That is what is supposed to happen. Imprisoning him is a non-Shari'ah procedure if it was a mistake.
Source
قناة «العلامة الدكتور صالح الفوزان»، 104 من 123/شرح كتاب زاد المستقنع/الديات/الشجاج وكسر العظام/صالح الفوزان/الفقه/كبار العلماء — youtube.com (51:15)
The Arabic text is a machine transcription of the audio recording.