Who says, "I know that this act has a punishment, but I do not know that it is forbidden," is he punished?
Machine translationRead the Arabic original
The questioner : ...
The Shaykh : Is there any punishment except for what is forbidden?
The questioner : ...
The Shaykh : But I say: Is there any punishment except for what is forbidden, or does one say... some people might say it this way: "The punishment does not concern me, but what concerns me is the sin, and he does not know that there is sin in it. So is he punished or not?" But what concerns me is the sin, and he did not know that there is sin in it? So is he punished or not?
This question is in its proper place.
That is, he says: I know that this act is forbidden, that I know it is punished for and beaten for, but I do not know whether it is forbidden or permissible?
And what do you say?
Is he excused or not?
Reflect on it until the next night.
The student: It is not possible; if he knows the punishment, he knows that the act is forbidden.
The Shaykh : He is correct; if he knows the punishment, it is said: there is no punishment except for what is forbidden. But one might say that the punishment is a matter of discipline, as a person disciplines his son if he errs in honor; one might say that he disciplines him for the breach of honor, not because it is forbidden. Is this possible or not?
You now order your son to do something and he disobeys, so you beat him, even though it is not forbidden for him.
In any case, this requires reflection; reflect on it.
And in my opinion, there will be two opinions among the scholars regarding it.
The Shaykh : Is there any punishment except for what is forbidden?
The questioner : ...
The Shaykh : But I say: Is there any punishment except for what is forbidden, or does one say... some people might say it this way: "The punishment does not concern me, but what concerns me is the sin, and he does not know that there is sin in it. So is he punished or not?" But what concerns me is the sin, and he did not know that there is sin in it? So is he punished or not?
This question is in its proper place.
That is, he says: I know that this act is forbidden, that I know it is punished for and beaten for, but I do not know whether it is forbidden or permissible?
And what do you say?
Is he excused or not?
Reflect on it until the next night.
The student: It is not possible; if he knows the punishment, he knows that the act is forbidden.
The Shaykh : He is correct; if he knows the punishment, it is said: there is no punishment except for what is forbidden. But one might say that the punishment is a matter of discipline, as a person disciplines his son if he errs in honor; one might say that he disciplines him for the breach of honor, not because it is forbidden. Is this possible or not?
You now order your son to do something and he disobeys, so you beat him, even though it is not forbidden for him.
In any case, this requires reflection; reflect on it.
And in my opinion, there will be two opinions among the scholars regarding it.