Explanation of the author's statement: "And they are deserving of what the Imam al-Shafi'i said from one perspective, so that they repent to Allah and others are deterred from following their school of thought"
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The Shaykh : The Shaykh al-Islam (may Allah have mercy on him) said: "And they are deserving of what the Imam al-Shafi'i said from one perspective, so that they repent to Allah and others are deterred from following their school of thought. But if we look at them from another perspective, and confusion has overcome them and Satan has taken hold of them, then we have mercy on them and feel compassion for them". However, the Shaykh's statement is longer than this; he says: "For these people were granted understanding but were not granted knowledge, and were granted intelligence but were not granted spiritual purity, and were granted hearing and sight and hearts, but their hearing, sight, and hearts availed them nothing, because they denied the verses of Allah, and what they used to mock came upon them". This is the Shaykh's statement in the original of the Hama Fatwa. I wish I had quoted it, but it escaped us, because it contains a great benefit: that this group has intelligence, but they do not have spiritual purity, their souls have not been purified, and I seek refuge in Allah, they have understanding, but they do not have knowledge, because they are the least of people in knowledge of the Book and the Sunnah, to the point that they themselves admit that they do not know anything of that. Yes, very well.
"For these people were granted understanding but were not granted knowledge, and were granted intelligence but were not granted spiritual purity, and were granted hearing and sight and hearts, but their hearing, sight, and hearts availed them nothing, because they denied the verses of Allah, and what they used to mock came upon them".
So if we look from the side of the Shari'ah, what do we do with them? We discipline them, as al-Shafi'i said. And if we look at them with the eye of divine decree, we have mercy on them and feel compassion for them.
But, but if two perspectives come together for us, the perspective of the Shari'ah and the perspective of divine decree, we prioritize the side of the Shari'ah. For this reason, if an old man were brought to us, an old, sick man, who uses only his right hand, and he is a thief.
The student: And he?
The Shaykh : A thief, a thief. If we look at him with the eye of the Shari'ah, we say, cut off his hand. And if we look at him with the eye of divine decree, since he is an old man and incapable, and he does not work except with his right hand, and there is no one to support his family, then what do we do? We leave him, we feel compassion for him, we say: this is a poor man, if we cut off his hand, there will be no one to support him or his family. But Allah (Mighty and Majestic) says:[An-Nur 24:2] So the religion takes precedence over divine decree. Yes.
He says: "So we have two perspectives regarding them: a perspective from the side of the Shari'ah, where we discipline them and prevent them by it from spreading their school of thought; and a perspective from the side of divine decree: we have mercy on them and ask Allah for their well-being, and we praise Allah who has spared us from their condition".
"For these people were granted understanding but were not granted knowledge, and were granted intelligence but were not granted spiritual purity, and were granted hearing and sight and hearts, but their hearing, sight, and hearts availed them nothing, because they denied the verses of Allah, and what they used to mock came upon them".
So if we look from the side of the Shari'ah, what do we do with them? We discipline them, as al-Shafi'i said. And if we look at them with the eye of divine decree, we have mercy on them and feel compassion for them.
But, but if two perspectives come together for us, the perspective of the Shari'ah and the perspective of divine decree, we prioritize the side of the Shari'ah. For this reason, if an old man were brought to us, an old, sick man, who uses only his right hand, and he is a thief.
The student: And he?
The Shaykh : A thief, a thief. If we look at him with the eye of the Shari'ah, we say, cut off his hand. And if we look at him with the eye of divine decree, since he is an old man and incapable, and he does not work except with his right hand, and there is no one to support his family, then what do we do? We leave him, we feel compassion for him, we say: this is a poor man, if we cut off his hand, there will be no one to support him or his family. But Allah (Mighty and Majestic) says:
The [unmarried] woman or [unmarried] man found guilty of sexual intercourse - lash each one of them with a hundred lashes, and do not be taken by pity for them in the religion of Allah
الزانية والزاني فاجلدوا كل واحد منهما مائة جلدة ولا تأخذكم بهما رأفة في دين اللهHe says: "So we have two perspectives regarding them: a perspective from the side of the Shari'ah, where we discipline them and prevent them by it from spreading their school of thought; and a perspective from the side of divine decree: we have mercy on them and ask Allah for their well-being, and we praise Allah who has spared us from their condition".