What is the difference in our saying that if the fornicator repents, we leave him alone and do not carry out the hadd upon him, even though the act of zina has been established against him?
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The Shaykh : Ibrahim.
The questioner : We say that if he repents, we leave him alone and do not carry out the hadd upon him according to the madhhab, meaning... and the act of zina has been established against him, so what is the difference...?
The Shaykh : There is a difference between them. The difference is that this man who repented did not lie about himself, so he remains in his status of integrity. He says that he committed zina, but he wants to repent between himself and Allah.
The questioner : If he reaches the ruler, is he left alone?
The Shaykh : He is left alone. The apparent meaning of the hadith of Ma'iz is that he is left alone.
As for their saying, it means that he is a deceiver and a liar. The question is whether the return is him saying that he did not commit zina at all, and he does not admit that he committed zina, and he is not repenting, and from where would he repent?
The questioner : Do we act according to the apparent meaning of the hadith if he says he does not want the hadd?
The Shaykh : Yes, if he says, after we have decided to carry out the hadd upon him, "By Allah, I now want to repent to Allah, Mighty and Majestic," then we accept that from him and do not carry out the hadd upon him.
The questioner : And what is the difference between him and the one against whom witnesses testified, if the hadd is carried out upon him and he says he repents?
The Shaykh : The difference between them is that the one who came and confessed is thanked for this action because he came and confessed and admitted it, unlike the one against whom witnesses testified. As for the one against whom witnesses testified, had he not been caught, he would not have thought to come and renounce what he was upon.
The questioner : And the apparent meaning of this hadith is in agreement...
The Shaykh : Which one?
The questioner :Sunan al-Bayhaqi 15:1207؟
The Shaykh : Yes, because the predominant view is that the mercy of Allah precedes His anger, and that forgiveness from Allah is more beloved to Him than punishment.
The questioner : We say that if he repents, we leave him alone and do not carry out the hadd upon him according to the madhhab, meaning... and the act of zina has been established against him, so what is the difference...?
The Shaykh : There is a difference between them. The difference is that this man who repented did not lie about himself, so he remains in his status of integrity. He says that he committed zina, but he wants to repent between himself and Allah.
The questioner : If he reaches the ruler, is he left alone?
The Shaykh : He is left alone. The apparent meaning of the hadith of Ma'iz is that he is left alone.
As for their saying, it means that he is a deceiver and a liar. The question is whether the return is him saying that he did not commit zina at all, and he does not admit that he committed zina, and he is not repenting, and from where would he repent?
The questioner : Do we act according to the apparent meaning of the hadith if he says he does not want the hadd?
The Shaykh : Yes, if he says, after we have decided to carry out the hadd upon him, "By Allah, I now want to repent to Allah, Mighty and Majestic," then we accept that from him and do not carry out the hadd upon him.
The questioner : And what is the difference between him and the one against whom witnesses testified, if the hadd is carried out upon him and he says he repents?
The Shaykh : The difference between them is that the one who came and confessed is thanked for this action because he came and confessed and admitted it, unlike the one against whom witnesses testified. As for the one against whom witnesses testified, had he not been caught, he would not have thought to come and renounce what he was upon.
The questioner : And the apparent meaning of this hadith is in agreement...
The Shaykh : Which one?
The questioner :
Perhaps he will repent, and Allah will accept his repentance
لعله يتوب فيتوب الله عليهThe Shaykh : Yes, because the predominant view is that the mercy of Allah precedes His anger, and that forgiveness from Allah is more beloved to Him than punishment.