Forgiving Retaliation in the Execution Ground
Machine translationRead the Arabic original
Question:
And if, may Allah have mercy on the Shaykh, the hadd reaches the ruler, there is no mercy in it, even if the owner of the right stumbles. Does he forgive the one who was forbidden to him by retaliation at the moment of killing? Does he forgive by that?
Answer:
Retaliation is a right belonging to the created being. If he permits it, it is dropped, even if it is in the ground of retaliation, because it is a pure right for the created being. Therefore, Allah gave him the choice between forgiveness, taking the blood money, and retaliation. Either he forgives for free, or he takes retaliation, or he takes the blood money. Allah the Exalted said:[Al-Baqarah 2:178] He commanded retaliation and encouraged forgiveness; He encouraged forgiveness because this is a right for the created being. Yes.
And if, may Allah have mercy on the Shaykh, the hadd reaches the ruler, there is no mercy in it, even if the owner of the right stumbles. Does he forgive the one who was forbidden to him by retaliation at the moment of killing? Does he forgive by that?
Answer:
Retaliation is a right belonging to the created being. If he permits it, it is dropped, even if it is in the ground of retaliation, because it is a pure right for the created being. Therefore, Allah gave him the choice between forgiveness, taking the blood money, and retaliation. Either he forgives for free, or he takes retaliation, or he takes the blood money. Allah the Exalted said:
O you who have believed, prescribed for you is legal retribution for those murdered - the free for the free, the slave for the slave, and the female for the female. But whoever overlooks from his brother anything, then there should be a suitable follow-up and payment to him with good conduct. This is an alleviation from your Lord
يَا أَيُّهَا الَّذِينَ آمَنُوا كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالْأُنثَىٰ بِالْأُنثَىٰ فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَاءٌ إِلَيْهِ بِإِحْسَانٍ ذَٰلِكَ تَخْفِيفٌ مِّن رَّبِّكُمْ
Source
قناة «العلامة الدكتور صالح الفوزان»، 85 من 89|شرح العدة في شرح العمدة|كتاب الحدود|باب حد السرقة|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:04:05)
The Arabic text is a machine transcription of the audio recording.