Discussion of the interpretation of the saying of Allah the Exalted: “And those who avoid major sins and shameful deeds, and when they are angry, they forgive.”
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The Shaykh : Allah, Blessed and Exalted is He, said: [Ash-Shuraa 42:37] What is the difference between major sins and shameful deeds? ...It is less than that, but it is above minor sins. What is the punishment prescribed for them? Cutting off the road, unlawful sexual intercourse, theft, and false accusation of adultery.
The Shaykh : Now, is drinking intoxicants a fixed punishment (hadd) or a discretionary punishment (ta'zir)? The correct view is that it is a discretionary punishment, but it is a discretionary punishment that is not less than forty lashes. What is the evidence that it is a discretionary punishment and not a fixed punishment, even though the majority of scholars hold that it is a fixed punishment? When the people’s drinking of intoxicants became widespread in the time of 'Umar (may Allah be pleased with him), he consulted the Companions. 'Abd al-Rahman ibn 'Awf said: “Make it like the lightest of the fixed punishments, eighty lashes” This is very clear evidence, and it is like a consensus of the Companions (may Allah be pleased with them), led by the Rightly Guided Caliph 'Umar, that it is not a fixed punishment, for two reasons: First, he said, “Make it like the lightest of the fixed punishments.” Second, if it were a fixed punishment, it would not have been permissible for 'Umar or anyone else to increase it.
The Shaykh : The saying of Allah, Blessed and Exalted is He:[Ash-Shuraa 42:37] What is its grammatical parsing?
The student: A relative noun.
The Shaykh : No mistake.
The Shaykh : The word "ma" is superfluous. Whenever "ma" comes after "idha," it is superfluous. Allah the Exalted said: [Ash-Shuraa 42:37].
And those who avoid the major sins and immoralities, and when they are angry, they forgive,
والذين يجتنبون كبائر الإثم والفواحش وإذا ما غضبوا هم يغفرونThe Shaykh : Now, is drinking intoxicants a fixed punishment (hadd) or a discretionary punishment (ta'zir)? The correct view is that it is a discretionary punishment, but it is a discretionary punishment that is not less than forty lashes. What is the evidence that it is a discretionary punishment and not a fixed punishment, even though the majority of scholars hold that it is a fixed punishment? When the people’s drinking of intoxicants became widespread in the time of 'Umar (may Allah be pleased with him), he consulted the Companions. 'Abd al-Rahman ibn 'Awf said: “Make it like the lightest of the fixed punishments, eighty lashes” This is very clear evidence, and it is like a consensus of the Companions (may Allah be pleased with them), led by the Rightly Guided Caliph 'Umar, that it is not a fixed punishment, for two reasons: First, he said, “Make it like the lightest of the fixed punishments.” Second, if it were a fixed punishment, it would not have been permissible for 'Umar or anyone else to increase it.
The Shaykh : The saying of Allah, Blessed and Exalted is He:
and when they are angry, they forgive,
وإذا ما غضبوا هم يغفرونThe student: A relative noun.
The Shaykh : No mistake.
The Shaykh : The word "ma" is superfluous. Whenever "ma" comes after "idha," it is superfluous. Allah the Exalted said: