Is it permissible to demand retaliation after having waived it?
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, if the one entitled to retaliation chooses the blood money, and then retracts his choice. Is that possible? If he chooses the worldly life and says, "No, I have waived the retaliation," no, it is not possible. It is done, he has forgiven.
Answer:
So he does not retract the forgiveness. Allah the Exalted said:[Al-Baqarah 2:178] meaning that after he has forgiven, he transgresses against the one who was forgiven, so he has a painful punishment. That is not permissible. Yes.
He says: Honorable Shaykh, may Allah grant you success, if the one entitled to retaliation chooses the blood money, and then retracts his choice. Is that possible? If he chooses the worldly life and says, "No, I have waived the retaliation," no, it is not possible. It is done, he has forgiven.
Answer:
So he does not retract the forgiveness. 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 conduct. This is an alleviation from your Lord and a mercy. But whoever transgresses after that
فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَاءٌ إِلَيْهِ بِإِحْسَانٍ ذَٰلِكَ تَخْفِيفٌ مِّن رَّبِّكُمْ وَرَحْمَةٌ فَمَنِ اعْتَدَىٰ بَعْدَ ذَٰلِكَ
Source
قناة «العلامة الدكتور صالح الفوزان»، [2161 -2802] هل يجوز المطالبة بالقصاص بعد التنازل عنه - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.