If the one upon whom a hudud punishment was carried out dies as a result of the punishment, is he liable for it?
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The questioner : If the judge... for example, if he carried out the hudud punishment for false accusation of adultery (qadhf) on a man, and this man died from it?
The Shaykh : It died.
The questioner : This man upon whom the hudud was carried out died from the flogging. Is this man liable for it?
The Shaykh : Okay, why did he die?
The questioner : He died from the flogging.
The Shaykh : Meaning that he exceeded the limit in it.
The questioner : Yes, that is right.
The Shaykh : He is liable for it. He is liable for it. For example, if he wanted to flog him, he took a large stick and said, "I will flog you eighty lashes now," and he flogged him eighty lashes with a large stick that killed him. In this case, he is liable for the compensation.
The questioner : No, Shaykh, if it was a normal beating, meaning...
The Shaykh : No, no. If there was no excess and no negligence, he is not liable.
The questioner : But, Shaykh, what about a state, for example?
The Shaykh : As for one who dies in a hudud case, this has not come to our attention. The truth is that he killed him. One who dies in a hudud case, the truth is that he killed him.
The Shaykh : It died.
The questioner : This man upon whom the hudud was carried out died from the flogging. Is this man liable for it?
The Shaykh : Okay, why did he die?
The questioner : He died from the flogging.
The Shaykh : Meaning that he exceeded the limit in it.
The questioner : Yes, that is right.
The Shaykh : He is liable for it. He is liable for it. For example, if he wanted to flog him, he took a large stick and said, "I will flog you eighty lashes now," and he flogged him eighty lashes with a large stick that killed him. In this case, he is liable for the compensation.
The questioner : No, Shaykh, if it was a normal beating, meaning...
The Shaykh : No, no. If there was no excess and no negligence, he is not liable.
The questioner : But, Shaykh, what about a state, for example?
The Shaykh : As for one who dies in a hudud case, this has not come to our attention. The truth is that he killed him. One who dies in a hudud case, the truth is that he killed him.