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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is the Shari'ah punishment applied to one who commits a prohibited act without knowing whether the prohibition is for the sake of prohibition or for the sake of dislike?

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Question : If a person knows that something is prohibited but does not know whether it is forbidden or merely disliked, does the ruling established for it apply to him?

Answer : As for if it is brought to me, I would apply the ruling to it, because I see that merely disobeying the Messenger (peace and blessings be upon him), even in a disliked matter, is an error. And I have told you this repeatedly. I said: It is not proper etiquette with Allah and His Messenger that when Allah commands something, you ask: Is it obligatory or recommended? Or when the Messenger commands something, you ask: Is it obligatory or recommended? Or when Allah and His Messenger prohibit something, you ask: Is it disliked or forbidden? Or when the Messenger prohibits something, you ask: Is it disliked or prohibited? Did the Companions say this? Did they say: When the Messenger commands them, "O Messenger of Allah, are you abstaining?"
I say to those who gather your necessary points: They did not say this. But I told you: Yes, when the matter occurs, meaning when the disobedience happens, then the person looks to see: Is the command for obligation or for recommendation? Is the prohibition for dislike or for prohibition?
And this is a very important issue, my brothers. The perfection of worship is that when you hear Allah commanding you, you say: We hear and we obey. You do not say: By Allah, is it a command of obligation or recommendation? Say: We hear and we obey. And when the Companions, when
Whether you show what is within yourselves or conceal it, Allah will bring you to account for itوَإِن تُبْدُوا مَا فِي أَنفُسِكُمْ أَوْ تُخْفُوهُ يُحَاسِبْكُم بِهِ اللَّهُ
[Al-Baqarah 2:284]
was revealed, it was hard for them, and they came to complain the matter to the Messenger, he told them: Say, "We hear and we obey." How then, when a clear command or a clear prohibition comes?
In any case, if it is brought to me and he says: By Allah, I know that the Messenger prohibited it, but I do not know if it is dislike or prohibition, I see that I should apply the punishment to him, except in the case of killing, where a person may refrain.
Source قناة «فضيلة الشيخ محمد بن صالح العثيمين»، [4065] هل يقام الحد الشرعي على من ارتكب منهيًا عنه وهولا يدري هل النهي للتحريم أو للكراهة؟ — youtube.com

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

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