Explaining that it is not permissible for the ruler to distinguish between the near and the far in hudud (fixed punishments), and mentioning the benefits of the hadith of Aisha.
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The Shaykh : This hadith is a foundation in governance that the ruler does not distinguish between the near and the far; people are equal in the limits of Allah. The Prophet (peace and blessings be upon him) even mentioned his daughter Fatima, the mistress of the women of Paradise and the most noble of women in lineage, and said: So how much more so for a woman from the tribe of Makhzum who has not attained this rank; she is more deserving of having her hand cut off.
It contains evidence that when hudud reach the ruler, intercession in them is not permissible, no matter who it is. However, before they reach him, there is no harm in intercession. For this reason, the Prophet (peace and blessings be upon him) said to Safwan ibn Umayyah when his cloak was taken and the Prophet (peace and blessings be upon him) ordered that the hand of the taker be cut off, and Safwan said, "O Messenger of Allah, for his sake?" intending to have the punishment dropped from him, the Prophet said:Sunan Ibn Majah 2595Hasan (Darussalam) This indicates that intercession in a hadd before it reaches the ruler is permissible, but after it reaches him, it is not permissible.
It also contains the condemnation of one who interceded, even though Usamah ibn Zayd was among the beloved of the Messenger (peace and blessings be upon him), and he was called the beloved of the Messenger (peace and blessings be upon him) and the son of his beloved. And yet, the Prophet condemned him with this condemnation, saying:Sunan Abi Dawud 4373Sahih (Al-Albani) As if he is saying, this is absolutely not befitting for you. Yes.
It also contains that not establishing the hadd on the noble and establishing it on the lowly is a cause of destruction. If someone asks, "Is leaving the establishment of the hadd on this one and that one a cause of destruction?" we say it is, but from another angle: not establishing hudud is a waste of an obligation from the obligations of Allah (Mighty and Majestic). As 'Umar (may Allah be pleased with him) said when he spoke about the verse of stoning:Musnad Ahmad 391Sahih (Darussalam) Now, if the hadd were established on everyone, it would be a cause of salvation and a happy life. So the categories are three:
That the hadd is established on everyone.
That it is established on the lowly and not on the noble.
That it is not established on the lowly nor on the noble.
Now, if it is established on the noble and not on the lowly, out of mercy for him, it is also a cause of destruction, because Allah said:[An-Nisa 4:135] Yes.
If she had stolen, her hand would have been cut off.
لو أنها سرقت لقطعت يدهاIt contains evidence that when hudud reach the ruler, intercession in them is not permissible, no matter who it is. However, before they reach him, there is no harm in intercession. For this reason, the Prophet (peace and blessings be upon him) said to Safwan ibn Umayyah when his cloak was taken and the Prophet (peace and blessings be upon him) ordered that the hand of the taker be cut off, and Safwan said, "O Messenger of Allah, for his sake?" intending to have the punishment dropped from him, the Prophet said:
Why did you not give it to him before you brought him to me?
هلا قبل أن تأتيني بهIt also contains the condemnation of one who interceded, even though Usamah ibn Zayd was among the beloved of the Messenger (peace and blessings be upon him), and he was called the beloved of the Messenger (peace and blessings be upon him) and the son of his beloved. And yet, the Prophet condemned him with this condemnation, saying:
Are you interceding regarding one of the punishments prescribed by Allah ?
أتشفع في حد من حدود اللهIt also contains that not establishing the hadd on the noble and establishing it on the lowly is a cause of destruction. If someone asks, "Is leaving the establishment of the hadd on this one and that one a cause of destruction?" we say it is, but from another angle: not establishing hudud is a waste of an obligation from the obligations of Allah (Mighty and Majestic). As 'Umar (may Allah be pleased with him) said when he spoke about the verse of stoning:
I fear that with the passage of time, some people will say: We do not find the verse of stoning in the Book of Allah
أخافُ إن طال بالناس زمان أن يقولوا لا نجد الرجم في كتاب اللهThat the hadd is established on everyone.
That it is established on the lowly and not on the noble.
That it is not established on the lowly nor on the noble.
Now, if it is established on the noble and not on the lowly, out of mercy for him, it is also a cause of destruction, because Allah said:
