The People of the Zahir took the hadith of Ibn 'Umar that whoever falsely accuses another man's slave mother of zina is subject to the full hudud punishment. Why do they overlook the hadith of the chapter?

The questioner : May Allah reward you. The People of the Zahir took the hadith of Ibn 'Umar that whoever falsely accuses another man's slave mother of zina is subject to the hudud punishment in a diminished form. How do they respond to the hadith of the chapter?

The Shaykh : This is his slave, and that is another man's slave mother. In this hadith: there is evidence that it is not necessary to state that if he confesses, the hudud punishment is carried out on him unless he retracts, as is found in some jurisdictions where they write: "The hudud punishment is carried out on him unless he retracts from his confession." This phrase is unnecessary, and these people are not more knowledgeable than the Messenger of Allah (peace and blessings be upon him) in that if one retracts from his confession, the hudud punishment is lifted from him. The issue is subject to scholarly disagreement, and the one who truly wants to follow the Sunnah does not need to say in his judgment: "The hudud punishment is carried out on him unless he retracts from his confession," because this, in reality, while being contrary to the Sunnah, opens the door for the people of falsehood who confess today and deny it tomorrow so that the hudud punishments are not carried out on them. And the Shaykh al-Islam (may Allah have mercy on him) said: "If the retraction of the confessor were accepted in matters that warrant the hudud punishment, no hudud punishment would be carried out in this world" because every person sees the stones of stoning arranged around him, or sees the whips gathered around him, and every person can say, "I have retracted from my confession," until the hudud punishment is lifted from him. In this lies corruption that none knows except the Lord of the servants. It is not correct to say that the case of Ma'iz indicates the acceptance of the retraction of the confessor, because Ma'iz (may Allah be pleased with him) did not retract from his confession, but he repented. There is a difference between the retraction of a confessor who is playing games and the man who repents while the hudud punishment is being carried out on him or before it is carried out. There is a great difference between them. The first one, who retracts from his confession, is undoubtedly playing games; yesterday he testified against himself, and today he retracts. This is clear playing games. Yes.