Continuation of the explanation of the author's statement: "And whoever repents among them before they are overcome, what was for Allah from expulsion, amputation, crucifixion, and the likelihood of execution is dropped from them."
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The Shaykh : For this reason, we say that the conditions of repentance are five: sincerity to Allah the Mighty and Majestic, regret for what has passed, abandoning the sin, resolving not to return to it, and that it be in a time when repentance is accepted. These are the five conditions of repentance. As for sincerity, it is clear that a person does not repent out of fear of a created being or to curry favor with them, but rather out of fear of the Lord of the Worlds and to draw near to Him, Blessed and Exalted is He. As for regret, it is that one feels in his heart that he has done something for which he is sorry, not something that passes by lightly. As for abandoning it, it is that one hastens to leave it; and if it involves a right of a human being, that he hastens to seek their pardon and give them their right. As for resolving not to return to it, it is in the heart; he resolves not to return to this sin. The condition is not that he does not return, but that he resolves not to return. Therefore, if he resolves not to return and then returns, the first repentance is not invalidated because its conditions were fulfilled. As for it being in a time when repentance is accepted, such as before the arrival of death or before the sun rises from the west, because repentance after the arrival of death and witnessing the punishment is not accepted, as Allah the Exalted said: [An-Nisa 4:18] And He the Mighty and Majestic said: [Ghafir 40:84-85] Repentance is obligatory immediately. What does "immediately" mean? It means without delay, because persisting in sin is a sin, and because a person does not know when death will overtake him suddenly, depriving him of repentance. Now, if these highway robbers repent, if it is after they have been overcome, their repentance is not accepted and it has no effect. If it is before, it is accepted. The evidence for this is the saying of Allah the Exalted: [Al-Ma'idah 5:34] The indication from the verse is that He said: [Al-Ma'idah 5:34] and He concluded it with two noble names that indicate what?
The questioner : ... .
The Shaykh : Forgiveness and mercy. It is understood from the noble verse[Al-Ma'idah 5:34] that if they repent after being overcome, the punishment is not dropped from them. The wisdom behind this is that if they repent before being overcome, it is evidence that their repentance is sincere, so Allah turns to them in mercy. But if they repent after being overcome, the indication is that their repentance is what?
The questioner : ... .
The Shaykh : Out of fear of the punishment and penalty. Therefore, it is not accepted. This applies to highway robbers. As for the disbeliever, his repentance is accepted even after he is overcome. If a disbeliever at war displays hostility toward the Muslims and we overcome him, and he repents after we have overcome him, we lift the execution from him, based on the saying of Allah the Exalted:[Al-Anfal 8:38] This is general, and based on the hadith of Usamah (may Allah be pleased with him) regarding the story of the polytheist whom Usamah pursued until he caught him. When Usamah raised his sword over him, the man said, "There is no god but Allah." So Usamah killed him. Usamah informed the Prophet (peace and blessings be upon him) of this, and he said: Sahih al-Bukhari 6872 Usamah said, "Yes, O Messenger of Allah, he only said it as a plea for safety." He said: Sahih al-Bukhari 6872 Usamah said, "Yes." So he kept repeating it to him until Usamah said: "I wished I had not become a Muslim yet" even though the man was clear, meaning, as it appears to us, and knowledge is with Allah, that he said it as a plea for safety. But there is a possibility that he said it sincerely, and that when he saw death, yes, he said it. This is not like the one whose death has arrived, because it is possible for the one who has the power to refrain from killing him. That is to say, it is not said that this contradicts the verse [An-Nisa 4:18] because it is permissible that this one who drew his weapon, what?
The questioner : May Allah have mercy on him.
The Shaykh : May Allah have mercy on him and restrain him. But if death arrives and the angel to take the soul arrives, there is no more room for the person to act. So the conclusion is that we say these are combatants; if they repent before being overcome, the hadd is lifted from them. Is this the case for all huddud? The answer is yes. All huddud, if a person repents from them before being overcome, are dropped from him. If he demands that it be carried out against him, the Imam has the right to carry it out against him. If he retracts his demand for execution by word or deed, the punishment is lifted from him. This is different from when it is established by evidence, in which case the huddud are carried out in all cases. Now, how do we know of their repentance?
The questioner : ... .
The Shaykh : Hmm? We know this by them throwing down their weapons and coming as repentant, either as a group or by sending a messenger from them to the Imam, saying that the group has written this pledge and committed to not returning to what they were doing. At that point, we know that they have repented. In the saying of Allah the Mighty and Majestic:[Al-Ma'idah 5:34] there is an indication that the implication of His mercy and forgiveness, Exalted and Majestic is He, is that He forgives these people and has mercy on them. Yes, he says: "what was for Allah from expulsion is dropped from them" And when does this expulsion occur?
The questioner : ... .
The Shaykh : If they did not kill and did not take money. Now, they have no right of a human being. Is that right, Talal?
The questioner : Yes.
The Shaykh : Hmm, what is expulsion? When does expulsion occur?
The questioner : When they have no right over a human being.
The Shaykh : No. Ghanim?
The questioner : If they threatened but did not kill and did not take money.
The Shaykh : Correct, because they did not take anything from anyone, so the expulsion is dropped from them. From expulsion and amputation. Amputation of what? The hand and foot from opposite sides "and crucifixion", clear? Crucifixion is among the rights of Allah. "and the likelihood of execution" And at that point, the author did not say "and execution" because if they killed a counterpart and the heirs of the murdered demanded execution, they would be executed. But if they did not repent, their execution would be what?
The questioner : ... .
The Shaykh : Certain, whether they killed a counterpart or not, as mentioned before. What is dropped... now, what was for Allah the Exalted, and these are four things: expulsion, amputation, crucifixion, and the likelihood of execution. And the author did not say "and execution." Why?
The questioner : Because...
The Shaykh : Hmm? Because they may kill a counterpart and the conditions for qisas are fulfilled, and at that point they are executed. Do you see, if they killed a man from the Muslims and his heirs demanded qisas, would qisas be taken from them?
The questioner : Yes.
The Shaykh : Yes, qisas is taken from them.
But repentance is not [accepted] of those who [continue to] do evil deeds up until, when death comes to one of them, he says, "Indeed, I have repented now,"
وَلَيْسَتِ التَّوْبَةُ لِلَّذِينَ يَعْمَلُونَ السَّيِّئاتِ حَتَّى إِذا حَضَرَ أَحَدَهُمُ الْمَوْتُ قالَ إِنِّي تُبْتُ الْآنَ(84) And when they saw Our punishment, they said," We believe in Allah alone and disbelieve in that which we used to associate with Him." (85) But never did their faith benefit them once they saw Our punishment. [It is] the established way of Allah which has preceded among His servants. And the disbelievers thereupon lost [all].
فَلَمَّا رَأَوْا بَأْسَنا قالُوا ءامَنَّا بِاللَّهِ وَحْدَهُ وَكَفَرْنا بِما كُنَّا بِهِ مُشْرِكِينَ * فَلَمْ يَكُ يَنْفَعُهُمْ إِيمانُهُمْ لَمَّا رَأَوْا بَأْسَناExcept for those who return [repenting] before you apprehend them. And know that Allah is Forgiving and Merciful.
إلا الذين تابوا من قبل أن تقدروا عليهم فاعلموا أن الله غفور رحيمAnd know that Allah is Forgiving and Merciful.
فاعلموا أن الله غفور رحيمThe questioner : ... .
The Shaykh : Forgiveness and mercy. It is understood from the noble verse
Except for those who return [repenting] before you apprehend them
إلا الذين تابوا من قبل أن تقدروا عليهمThe questioner : ... .
The Shaykh : Out of fear of the punishment and penalty. Therefore, it is not accepted. This applies to highway robbers. As for the disbeliever, his repentance is accepted even after he is overcome. If a disbeliever at war displays hostility toward the Muslims and we overcome him, and he repents after we have overcome him, we lift the execution from him, based on the saying of Allah the Exalted:
Say to those who have disbelieved [that] if they cease, what has previously occurred will be forgiven for them
قل للذين كفروا إن ينتهوا يُغفر لهم ما قد سلفYou killed him after he had said, 'None has the right to be worshipped but Allah."
قتلته بعد أن قال لا إله إلا الله؟You killed him after he had said, 'None has the right to be worshipped but Allah."
قتلته بعد أن قال لا إله إلا الله؟up until, when death comes to one of them, he says, "Indeed, I have repented now,"
حتى إذا حضر أحدهم الموت قال إني تبت الأنThe questioner : May Allah have mercy on him.
The Shaykh : May Allah have mercy on him and restrain him. But if death arrives and the angel to take the soul arrives, there is no more room for the person to act. So the conclusion is that we say these are combatants; if they repent before being overcome, the hadd is lifted from them. Is this the case for all huddud? The answer is yes. All huddud, if a person repents from them before being overcome, are dropped from him. If he demands that it be carried out against him, the Imam has the right to carry it out against him. If he retracts his demand for execution by word or deed, the punishment is lifted from him. This is different from when it is established by evidence, in which case the huddud are carried out in all cases. Now, how do we know of their repentance?
The questioner : ... .
The Shaykh : Hmm? We know this by them throwing down their weapons and coming as repentant, either as a group or by sending a messenger from them to the Imam, saying that the group has written this pledge and committed to not returning to what they were doing. At that point, we know that they have repented. In the saying of Allah the Mighty and Majestic:
And know that Allah is Forgiving and Merciful.
فاعلموا أن الله غفور رحيمThe questioner : ... .
The Shaykh : If they did not kill and did not take money. Now, they have no right of a human being. Is that right, Talal?
The questioner : Yes.
The Shaykh : Hmm, what is expulsion? When does expulsion occur?
The questioner : When they have no right over a human being.
The Shaykh : No. Ghanim?
The questioner : If they threatened but did not kill and did not take money.
The Shaykh : Correct, because they did not take anything from anyone, so the expulsion is dropped from them. From expulsion and amputation. Amputation of what? The hand and foot from opposite sides "and crucifixion", clear? Crucifixion is among the rights of Allah. "and the likelihood of execution" And at that point, the author did not say "and execution" because if they killed a counterpart and the heirs of the murdered demanded execution, they would be executed. But if they did not repent, their execution would be what?
The questioner : ... .
The Shaykh : Certain, whether they killed a counterpart or not, as mentioned before. What is dropped... now, what was for Allah the Exalted, and these are four things: expulsion, amputation, crucifixion, and the likelihood of execution. And the author did not say "and execution." Why?
The questioner : Because...
The Shaykh : Hmm? Because they may kill a counterpart and the conditions for qisas are fulfilled, and at that point they are executed. Do you see, if they killed a man from the Muslims and his heirs demanded qisas, would qisas be taken from them?
The questioner : Yes.
The Shaykh : Yes, qisas is taken from them.