What is the ruling on what some people have agreed upon: when two men fight and one strikes the other, a committee is formed to mediate between them, and it rules that the one who is in the right must pay compensation to the one who was harmed?
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The questioner : They work between them regarding what is a right, meaning, for example... when two people have transgressed against each other, they establish a right in some places, and the right is that the one who is found to be in the right pays money?
The Shaykh : Who is it?
The questioner : The right, because it is his right.
The Shaykh : Compensation for what right?
The questioner : I mean, compensation for when the other party made a mistake; the one who is found to be in the right pays money.
The Shaykh : ... .
The questioner : Like, for example, one person, like me and Abu Yusuf, for example, we grabbed each other, we scuffled.
The Shaykh : How?
The questioner : We scuffled with each other, for example, so we held a meeting, he spoke his words and I spoke my words, so the one who is found to be in the right pays money to the party who was transgressed against, this is what it means.
The Shaykh : You, for example, God forbid, you fought with a person, so you were harmed by him.
The questioner : Yes.
The Shaykh : You were harmed by him, okay, but the harm did not occur, no wound, no damage, or anything else, yet when a reconciliation happens between you and him, he pays you money?
The questioner : ... the ones who are the committee, they are the ones who determine between the two parties.
Another questioner : The ones who mediated.
The questioner : The ones who mediated... they say that the one who is found to be in the right pays...
The Shaykh : I am saying this, my brother, you fought with a person, and this person harmed you and hit you, but the matter did not require medical treatment, surgical operation, or the like, yet the committee or the body wants to reconcile between you and him, so they imposed money on him.
The questioner : Yes.
The Shaykh : Like that, I mean.
The questioner : Yes, exactly.
The Shaykh : Without you being in need of treatment or for this money.
The questioner: Yes.
The Shaykh : Okay, and if the man does not pay the money, what happens between you and him at this committee, let us call it a reconciliation committee...
The questioner : The battle between him and the other party continues, it repeats...
The Shaykh : These people are supposed to be, meaning, whether the two fighters or the reconciliation committee, are good Muslims, okay. Naturally, this money is not permissible to take; this money is not permissible to take except in the case where the wronged party is in need of treatment, and the treatment is in need of money. At that time, the aggressor is obligated to pay this money for the treatment, not for the reconciliation. Is that clear?
The Shaykh : Who is it?
The questioner : The right, because it is his right.
The Shaykh : Compensation for what right?
The questioner : I mean, compensation for when the other party made a mistake; the one who is found to be in the right pays money.
The Shaykh : ... .
The questioner : Like, for example, one person, like me and Abu Yusuf, for example, we grabbed each other, we scuffled.
The Shaykh : How?
The questioner : We scuffled with each other, for example, so we held a meeting, he spoke his words and I spoke my words, so the one who is found to be in the right pays money to the party who was transgressed against, this is what it means.
The Shaykh : You, for example, God forbid, you fought with a person, so you were harmed by him.
The questioner : Yes.
The Shaykh : You were harmed by him, okay, but the harm did not occur, no wound, no damage, or anything else, yet when a reconciliation happens between you and him, he pays you money?
The questioner : ... the ones who are the committee, they are the ones who determine between the two parties.
Another questioner : The ones who mediated.
The questioner : The ones who mediated... they say that the one who is found to be in the right pays...
The Shaykh : I am saying this, my brother, you fought with a person, and this person harmed you and hit you, but the matter did not require medical treatment, surgical operation, or the like, yet the committee or the body wants to reconcile between you and him, so they imposed money on him.
The questioner : Yes.
The Shaykh : Like that, I mean.
The questioner : Yes, exactly.
The Shaykh : Without you being in need of treatment or for this money.
The questioner: Yes.
The Shaykh : Okay, and if the man does not pay the money, what happens between you and him at this committee, let us call it a reconciliation committee...
The questioner : The battle between him and the other party continues, it repeats...
The Shaykh : These people are supposed to be, meaning, whether the two fighters or the reconciliation committee, are good Muslims, okay. Naturally, this money is not permissible to take; this money is not permissible to take except in the case where the wronged party is in need of treatment, and the treatment is in need of money. At that time, the aggressor is obligated to pay this money for the treatment, not for the reconciliation. Is that clear?
Source
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The Arabic text is copied verbatim from the original source, without any edits.