The obligation of the 'aqilah to pay blood money and the leniency toward the offender
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The questioner:
He says: Honorable Shaykh, may Allah grant you success, if we make the 'aqilah responsible for the blood money and leave the offender alone, will this not lead to the offender being lenient with the rulings?
The Shaykh:
If he is lenient, he is punished with something other than the blood money; he is punished with ta'zir (discretionary punishment) and other things. Leniency is prevented and he is disciplined, but the Shari'ah ruling is not changed from its state. We never intervene in the Shari'ah rulings, nor do we change them from their state. Yes.
The questioner:
He says: Honorable Shaykh, may Allah grant you success, regarding the bearing of the 'aqilah.
The Shaykh:
Also, the 'aqilah, if they inform that they are willing to pay, they hold him, they hold him, and they take a pledge from him that he will not be lenient, or that he will drive carefully and not be reckless, or that he will not speed, or they restrain their men to control him. Then they become the negligent ones who lost him and let him go. In this, there is also a secret, a great secret, which is that the 'aqilah controls its member. Yes.
He says: Honorable Shaykh, may Allah grant you success, if we make the 'aqilah responsible for the blood money and leave the offender alone, will this not lead to the offender being lenient with the rulings?
The Shaykh:
If he is lenient, he is punished with something other than the blood money; he is punished with ta'zir (discretionary punishment) and other things. Leniency is prevented and he is disciplined, but the Shari'ah ruling is not changed from its state. We never intervene in the Shari'ah rulings, nor do we change them from their state. Yes.
The questioner:
He says: Honorable Shaykh, may Allah grant you success, regarding the bearing of the 'aqilah.
The Shaykh:
Also, the 'aqilah, if they inform that they are willing to pay, they hold him, they hold him, and they take a pledge from him that he will not be lenient, or that he will drive carefully and not be reckless, or that he will not speed, or they restrain their men to control him. Then they become the negligent ones who lost him and let him go. In this, there is also a secret, a great secret, which is that the 'aqilah controls its member. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 104 من 123/شرح كتاب زاد المستقنع/الديات/الشجاج وكسر العظام/صالح الفوزان/الفقه/كبار العلماء — youtube.com (51:54)
The Arabic text is a machine transcription of the audio recording.