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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on a person who retracts his confession of zina

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Question : He asks: If a person retracts his confession of zina, is his retraction accepted and the hadd lifted from him? This is a point of disagreement among the scholars.

Answer : The majority of scholars hold that his retraction is accepted and the hadd is not carried out against him. They cited the story of Ma'iz as evidence, because when the stones had been thrown at Ma'iz (may Allah be pleased with him) and he was in pain, he fled until the Companions caught up with him and they killed him. When the Prophet (peace and blessings be upon him) was informed of this, he said, "Why did you not leave him alone so that he might repent and Allah might accept his repentance?" Yes.
Some scholars said that his retraction is not accepted. Because if we accepted the retraction of the one who confessed, no hadd would ever be carried out based on a confession, for everyone would retract.
This view is closer to the truth, especially if there are circumstances indicating the truth of his confession.
The story of Ma'iz was not a retraction of his confession, but a flight from the execution of the hadd against him. Otherwise, the man was truthful and remained truthful, and he did not play with the judges. A person who confesses, the ruling is carried out against him, he tires the judge and the officials, and then after this he retracts—this is a mocking statement.
Source قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 294 - 336 حكم رجوع المقر بالزنا عن إقراره - الشيخ ابن عثيمين — youtube.com

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

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