Is forgiveness granted to one who repents from a major sin when the prescribed punishment was not carried out?
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Question:
These are two questions from the listener (S. M.) from Jizan. His first question says: If a person steals or commits a major sin that entails a prescribed legal punishment, then repents to Allah, and the punishment is not carried out against him, does Allah forgive him or not?
Answer:
Repentance is sufficient. If a Muslim commits a sin that entails a right belonging to Allah, such as unlawful sexual intercourse or theft, and then repents to Allah , then repentance wipes out what came before it. However, he must return the stolen money; he must deliver it to its owner by whatever means are available to him. There is no need for him to contact the owner or for the punishment to be carried out. Whenever Allah covers him, Allah (Exalted and Majestic is He) accepts the repentance of those who repent. It is not a condition for this that he publicly declare his sin so that the punishment is carried out. Whoever repents, Allah accepts his repentance, even if the punishment is not carried out. But whenever the matter of theft or the matter of unlawful sexual intercourse reaches the one in authority, it is obligatory for him to carry out the punishment. This is based on what came in the hadith:Muwatta Malik 41:31 And in the other hadith: Sunan Abi Dawud 4376Sahih (Al-Albani).
The point is: whenever the prescribed punishments are brought to the ruler, it becomes obligatory to carry them out. For this reason, when a woman from Quraysh stole on the day of the Conquest, some people asked the Prophet (peace and blessings be upon him) not to carry out the punishment against her. They interceded through Usamah ibn Zayd to seek intercession, and Usamah (may Allah be pleased with him) did intercede in that matter. The Prophet (peace and blessings be upon him) became angry and said:.
He (peace and blessings be upon him) made it clear that the prescribed punishments must be carried out against the noble and the non-noble, the young and the old, from among those who have reached the age of accountability. It is not permissible to delay them after they reach the ruler, and intercession is not permissible in them after they reach the ruler. As for before that, among the people, if they reconcile among themselves, show leniency, and do not bring it to the ruler, there is no blame, and repentance wipes out what came before it.
So if the thief comes to the one from whom he stole and says, "Forgive me, this is your money, and do not bring my case to the authorities," and they reach an agreement on that, and the one from whom he was stolen shows leniency, then there is no blame in that. It has come in the authentic hadith that Safwan ibn Umayyah had his cloak stolen from him while he was lying on it. Safwan caught the thief and brought him to the Prophet (peace and blessings be upon him). The Prophet (peace and blessings be upon him) ordered that his hand be cut off. Safwan said, "O Messenger of Allah, I have forgiven him; my cloak is his." He said:Bulugh al-Maram 10:35 meaning: If you had forgiven him before that, there would be no harm. But after bringing the thief and presenting him to the ruler, there is no forgiveness; rather, the cutting off is necessary. And so it is with unlawful sexual intercourse, so it is with sodomy, may Allah protect us, and what is similar to these prescribed punishments. Yes.
These are two questions from the listener (S. M.) from Jizan. His first question says: If a person steals or commits a major sin that entails a prescribed legal punishment, then repents to Allah, and the punishment is not carried out against him, does Allah forgive him or not?
Answer:
Repentance is sufficient. If a Muslim commits a sin that entails a right belonging to Allah, such as unlawful sexual intercourse or theft, and then repents to Allah , then repentance wipes out what came before it. However, he must return the stolen money; he must deliver it to its owner by whatever means are available to him. There is no need for him to contact the owner or for the punishment to be carried out. Whenever Allah covers him, Allah (Exalted and Majestic is He) accepts the repentance of those who repent. It is not a condition for this that he publicly declare his sin so that the punishment is carried out. Whoever repents, Allah accepts his repentance, even if the punishment is not carried out. But whenever the matter of theft or the matter of unlawful sexual intercourse reaches the one in authority, it is obligatory for him to carry out the punishment. This is based on what came in the hadith:
When you reach the Sultan with him, Allah curses the one who intercedes and the one who accepts the intercession.
إذا بلغت الحدود السلطان فلعن الله الشافع والمشفعfor any prescribed penalty of which I hear must be carried out
ما بلغني من حد فقد وجبThe point is: whenever the prescribed punishments are brought to the ruler, it becomes obligatory to carry them out. For this reason, when a woman from Quraysh stole on the day of the Conquest, some people asked the Prophet (peace and blessings be upon him) not to carry out the punishment against her. They interceded through Usamah ibn Zayd to seek intercession, and Usamah (may Allah be pleased with him) did intercede in that matter. The Prophet (peace and blessings be upon him) became angry and said:
Do you seek intercession in a punishment from the punishments of Allah? Then he addressed the people, praised Allah, and gave Him praise, and then said: "The only reason the people before you perished is that when a noble person among them stole, they left him alone, and when a weak person among them stole, they carried out the punishment against him. By Allah, if Fatimah, the daughter of Muhammad, were to steal, I would cut off her hand."
أتشفع في حد من حدود الله، ثم خطب الناس، فحمد الله، وأثنى عليه، ثم قال: إنما هلك من كان قبلكم أنهم كانوا إذا سرق فيهم الشريف تركوه، وإذا سرق فيهم الضعيف أقاموا عليه الحد، وايم الله لو أن فاطمة بنت محمد سرقت لقطعت يدهاHe (peace and blessings be upon him) made it clear that the prescribed punishments must be carried out against the noble and the non-noble, the young and the old, from among those who have reached the age of accountability. It is not permissible to delay them after they reach the ruler, and intercession is not permissible in them after they reach the ruler. As for before that, among the people, if they reconcile among themselves, show leniency, and do not bring it to the ruler, there is no blame, and repentance wipes out what came before it.
So if the thief comes to the one from whom he stole and says, "Forgive me, this is your money, and do not bring my case to the authorities," and they reach an agreement on that, and the one from whom he was stolen shows leniency, then there is no blame in that. It has come in the authentic hadith that Safwan ibn Umayyah had his cloak stolen from him while he was lying on it. Safwan caught the thief and brought him to the Prophet (peace and blessings be upon him). The Prophet (peace and blessings be upon him) ordered that his hand be cut off. Safwan said, "O Messenger of Allah, I have forgiven him; my cloak is his." He said:
Why didn't you do so before bringing him to me?
هلا كان ذلك قبل أن تأتيني به
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
