The hudud punishment was carried out on "Hassan," "Himnah," and "Mistah," and the hudud punishment for false accusation of fornication was not known
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The Shaykh : As is known, the hudud punishment was carried out on "Hassan," "Himnah," and "Mistah"; that is, the hudud punishment for false accusation of fornication, and they did not know before what the hudud punishment for the one who makes such an accusation is; so how was that accomplished? Why was the hudud punishment not carried out on "Abdullah ibn Abi ibn Salul"?
First, where does the questioner get the idea that they did not know before what the hudud punishment for the one who makes such an accusation is? Is he speaking without knowledge? Or is he informed about it? As for me, to the extent of my knowledge, what is the evidence that they did not know that before?
The questioner : ... .
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
The Shaykh : But.
Yes?
Another questioner: ... these Companions by analogy ... .
The Shaykh: I understood, but is it ... .
Another questioner : ... .
The Shaykh: Does this context negate that it was known among the Companions before, in its negation of that? That is, what can be said is that we learned the hudud punishment through this occasion, but does that negate that it was known before? That is not what appears to me, and yet, assuming that to be the case, it is not a general rule in Islam that one who does not know the ruling of the sin he commits does not deserve the punishment for it; this is not a rule, even to the point of raising this question!
The questioner: ... we can take an indication from it regarding the absence of ... and that is that they carried out the act of ... if they had known that the hudud punishment for false accusation of fornication requires four men, they would not have proceeded ... .
The Shaykh: This is like the one who says that if they had known the hudud punishment for zina to be such and such, they would not have committed zina! That is what is said!
Why was the hudud punishment not carried out on "Abdullah ibn Abi ibn Salul"? Was he openly displaying his accusation, or was he playing behind the walls?
The questioner: ... that he is the head of the fitnah ... .
The Shaykh: There is a difference, my brother, between one who is openly and publicly making his false accusation and fabrication, and one who is the cause, the man who incites another to kill, so the killer is executed, and the original instigator escapes; that is because he did not directly commit the killing. It can be said regarding Ibn Abi Salul that the open, explicit false accusation and fabrication did not appear from him.
First, where does the questioner get the idea that they did not know before what the hudud punishment for the one who makes such an accusation is? Is he speaking without knowledge? Or is he informed about it? As for me, to the extent of my knowledge, what is the evidence that they did not know that before?
The questioner : ... .
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
The Shaykh : But.
Yes?
Another questioner: ... these Companions by analogy ... .
The Shaykh: I understood, but is it ... .
Another questioner : ... .
The Shaykh: Does this context negate that it was known among the Companions before, in its negation of that? That is, what can be said is that we learned the hudud punishment through this occasion, but does that negate that it was known before? That is not what appears to me, and yet, assuming that to be the case, it is not a general rule in Islam that one who does not know the ruling of the sin he commits does not deserve the punishment for it; this is not a rule, even to the point of raising this question!
The questioner: ... we can take an indication from it regarding the absence of ... and that is that they carried out the act of ... if they had known that the hudud punishment for false accusation of fornication requires four men, they would not have proceeded ... .
The Shaykh: This is like the one who says that if they had known the hudud punishment for zina to be such and such, they would not have committed zina! That is what is said!
Why was the hudud punishment not carried out on "Abdullah ibn Abi ibn Salul"? Was he openly displaying his accusation, or was he playing behind the walls?
The questioner: ... that he is the head of the fitnah ... .
The Shaykh: There is a difference, my brother, between one who is openly and publicly making his false accusation and fabrication, and one who is the cause, the man who incites another to kill, so the killer is executed, and the original instigator escapes; that is because he did not directly commit the killing. It can be said regarding Ibn Abi Salul that the open, explicit false accusation and fabrication did not appear from him.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.