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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on Carrying Out the Fixed Punishment in Enemy Territory and in a Year of Famine

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Question:
And a group of the fabricators (al-Wad'ah) has testified during the jihad and the famines, so I prefer the final solution for the one who did it, that he be released after returning from the expedition.

Answer:
So this was previously stated: in enemy territory, if the Muslims are in enemy territory, they do not carry out the fixed punishment on the one among them who committed it; because this weakens the strength of the Muslims before the enemy. As long as they are in enemy territory. And Allah knows best that it is dropped from him, it is dropped from him in the future.
And likewise in the famine, 'Umar ibn al-Khattab (may Allah be pleased with him) in the Year of the Ash did not amputate the hands of those who took what they ate, because they took it out of dire necessity, they took the money out of dire necessity, that if they had not taken it they would have perished. This is from the category of dire necessity, and Allah the Exalted says: except what you seek from Him as a dire necessity.
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 (1:05:24)

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

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