Explanation of the Book of Inheritance, Fixed Punishments, and Blood Money-05a
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The reciter: Abdullah ibn Abd al-Wahhab narrated to us, Khalid ibn al-Harith narrated to us, Sufyan narrated to us, Abu Husayn narrated to us, I heard Amr ibn Sa'id al-Nakha'i say, I heard Ali ibn Abi Talib (may Allah be pleased with him) say: Sahih al-Bukhari 6778.
The Shaykh : This is also explicit from Ali ibn Abi Talib that the Messenger (peace and blessings be upon him) did not establish a fixed punishment for it, and that he says: "I would not impose a fixed punishment on anyone who then dies and I would find it in my heart" because I have fulfilled the obligatory duty. If a fixed punishment is imposed on a person in a state where its imposition is permissible and he dies, then there is nothing upon the imam, nor upon the judge, nor upon the one who carried it out, neither in this world nor in the Hereafter.
He said: "Except for the one who drinks intoxicants, for if he had died, I would have paid his blood money". "Paid his blood money" means I would have paid the blood money for him. "And that is because the Prophet (peace and blessings be upon him) did not establish a fixed punishment for it", meaning he feared that he might have exceeded in the manner or the how, so he saw that he should be cautious and pay the blood money.
I would not feel sorry for one who dies because of receiving a legal punishment, except the drunk, for if he should die (when being punished), I would give blood money to his family because no fixed punishment has been ordered by Allah's Messenger (ﷺ) for the drunk.
ما كنت لأقيم حدا على أحد فيموت، فأجد في نفسي، إلا صاحب الخمر، فإنه لو مات وديته، وذلك أن رسول الله صلى الله عليه وسلم لم يسنهThe Shaykh : This is also explicit from Ali ibn Abi Talib that the Messenger (peace and blessings be upon him) did not establish a fixed punishment for it, and that he says: "I would not impose a fixed punishment on anyone who then dies and I would find it in my heart" because I have fulfilled the obligatory duty. If a fixed punishment is imposed on a person in a state where its imposition is permissible and he dies, then there is nothing upon the imam, nor upon the judge, nor upon the one who carried it out, neither in this world nor in the Hereafter.
He said: "Except for the one who drinks intoxicants, for if he had died, I would have paid his blood money". "Paid his blood money" means I would have paid the blood money for him. "And that is because the Prophet (peace and blessings be upon him) did not establish a fixed punishment for it", meaning he feared that he might have exceeded in the manner or the how, so he saw that he should be cautious and pay the blood money.