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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The benefits of the saying of Allah the Exalted: “And there is no blame on you for what you have erred in, but [there is blame] for what your hearts have intended. And Allah is Forgiving and Merciful”

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It is derived from this noble verse the negation of sin in error, based on His saying:
And there is no blame upon you for that in which you have erred وَلَيْسَ عَلَيْكُمْ جُنَاحٌ فِيمَا أَخْطَأْتُمْ بِهِ
[Al-Ahzab: 5]. It is also derived from it the negation of breaking an oath in error. Breaking an oath means breaking an oath; if a person swears an oath not to do something and then does it while unaware of it, such as swearing not to speak to a person and then speaking to someone without knowing that he is the one he swore not to speak to, then he has not broken his oath. Likewise, in the case of divorce, if divorce is made conditional on something and he does it while unaware that it is the thing on which the divorce was conditioned, then he has not broken his oath. Similarly, if he does something that constitutes disbelief while unaware that it is disbelief, then there is no sin on him. Where is all of this derived from? It is derived from the generality in His saying:
that in which you have erred فِيمَا أَخْطَأْتُمْ بِهِ
[Al-Ahzab 33:5]
from the generality. Then, the negation of sin does not necessitate the negation of making up what must be made up. Accordingly, this verse is in the chapter of prohibitions, not in the chapter of obligations. For this reason, the Prophet (peace and blessings be upon him) did not excuse the ignorant person who used to pray without settling in his prayer, so he made him repeat it again and again until he informed him and explained it to him. Yes, so, O Haidar, we say that in the chapter of obligations, a person is not held accountable for leaving them, but it does not follow from his not being held accountable for leaving them out of ignorance that performing them or performing their substitute is dropped from him. Is that clear? And the evidence is that the Prophet (peace and blessings be upon him) did not excuse the ignorant person for leaving the settling in prayer. However, it was mentioned to us in the previous lesson that a person may be negligent in asking, in which case sin is obligatory on him due to his negligence. Then, is this verse general regarding the rights of Allah and the rights of people? We look and say: even regarding the rights of people, because the verse is general
And there is no blame upon you for that in which you have erred وَلَيْسَ عَلَيْكُمْ جُنَاحٌ فِيمَا أَخْطَأْتُمْ بِهِ
[Al-Ahzab 33:5]
. But it does not follow from the negation of sin the negation of liability regarding the rights of people; that is, liability for compensation is required. So, if a man eats the food of a person while unaware that it is his food, is there sin on him? No. But he is required to compensate for the food because it is a right of a person, but the sin is negated from him. However, if he knows that it is the food of so-and-so, then he sins along with the compensation.
It is derived from this noble verse the vastness of the mercy of Allah (Mighty and Majestic), where He dropped the sin from the one who was in error
that in which you have erred فِيمَا أَخْطَأْتُمْ بِهِ
[Al-Ahzab 33:5]
. It is also derived from it the affirmation of two noble names from the names of Allah, based on His saying:
And Allah is ever Forgiving and Merciful. وَكَانَ اللَّهُ غَفُورًا رَحِيمًا
[Al-Ahzab: 5], and what they include of attribute, and what they include of ruling as well, which is the effect. Because Al-Ghafur (The Forgiving) and Al-Rahim (The Merciful) are transitive verbs that relate to others. And it has passed a rule regarding the names and attributes of Allah that if the name is transitive, then it is obligatory to believe in it as a name of Allah, and in what it includes of attribute, and in what follows from it of ruling... the effect. Yes.
It is derived from this noble verse that the basis of rulings and accountability for them is the heart, yes, based on His saying:
but [only for] what your hearts intended وَلَكِنْ مَا تَعَمَّدَتْ قُلُوبُكُمْ
[Al-Ahzab 33:5]
. And this has many witnesses, among which is His saying:
Allah will not impose blame upon you for what is meaningless in your oaths, but He will impose blame upon you for [breaking] what you intended of oaths لا يُؤَاخِذُكُمُ اللَّهُ بِاللَّغْوِ فِي أَيْمَانِكُمْ وَلَكِنْ يُؤَاخِذُكُمْ بِمَا عَقَّدْتُمُ الأَيْمَانَ
[Al-Ma'idah: 89]. And in the other verse:
what your hearts have earned بِمَا كَسَبَتْ قُلُوبُكُمْ
[Al-Baqarah: 225]. And among them is His saying regarding the penalty for hunting:
And whoever of you kills it intentionally - the penalty is an equivalent from sacrificial animals to what he killed وَمَنْ قَتَلَهُ مِنْكُمْ مُتَعَمِّدًا فَجَزَاءٌ مِثْلُ مَا قَتَلَ مِنَ النَّعَمِ
[Al-Ma'idah: 95]. And based on this, if a person in the state of ihram kills game unintentionally, does he sin? No. Does he compensate? He does not compensate, because it is a right of Allah, and Allah the Exalted has pardoned His right. And by this, the weakness of the statement of the one who said “that the penalty for hunting is obligatory even on the one who killed it by mistake while in the state of ihram” is known, even though the verse is explicit:
And whoever of you kills it intentionally وَمَنْ قَتَلَهُ مِنْكُمْ مُتَعَمِّدًا
[Al-Ma'idah 5:95]
. Is that clear? And does this apply if he cuts his nails while unaware and he is in the state of ihram? Yes. Or if he shaves his head, a fortiori. And does this apply to them if he has intercourse with his wife? Yes. For example, if a man in Muzdalifah has intercourse with his wife while he is in Muzdalifah, unaware, relying on the saying of the Prophet (peace and blessings be upon him):
Hajj is 'Arafah الحج عرفة
. And this occurs, so there is nothing on him, no sin, no invalidation of his pilgrimage, and no making up, because he was unaware and did not intend it.
The student: What is negligence?

The Shaykh : No, it is not negligence, because this is what does not come to mind when one hears this hadith.
For this reason, some people built on this a matter stranger than all of this. They said: if one stands at 'Arafah and then departs, he may travel to his family. And in fact, this has occurred from them without them being scrupulous. And when he travels, everyone stays overnight on his behalf in Mina and stones the pillars on his behalf. And some of them say: “Count for me how many obligations I left, and I will give you their substitute, and I will walk.” Yes, that is right.
The summary now is that anything a person does not intend with his heart, there is no sin on him in it. And if it is from the rights of Allah, the sin and the compensation are dropped from him, if it is something that requires compensation or something for which expiation is obligatory. And if it is in the right of a person, the sin is dropped from him and the compensation is obligatory. However, one matter is excluded from this, which is the killing of a soul. For the killing of a soul, even if it is by mistake, expiation is obligatory. And if not?
The student: ...?

The Shaykh : No, in other than the state of ihram. In the state of ihram and in other than the state of ihram.
And whoever kills a believer by mistake - then the freeing of a believing slave and a compensation payment presented to the وَمَنْ قَتَلَ مُؤْمِنًا خَطَأً فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ وَدِيَةٌ مُسَلَّمَةٌ إِلَى أَهْلِهِ
[An-Nisa: 92]. So Allah made His right and the right of the people obligatory. And that is because of the greatness of the killing of a soul, because the killing of a soul, may Allah protect us from it, if it is intentional, expiation does not make it lawful and does not exempt it, except sincere repentance along with the fulfillment of the rights.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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