and for this reason Allah says in the noble verse:
“And those who accuse chaste women and then do not produce four witnesses—flog them with eighty lashes, and never accept their testimony.” [al-Nur 24:4]
This is like His saying:
“As for the fornicating woman and the fornicating man, flog each of them with a hundred lashes.” [al-Nur 24:2]
However, according to the view that it is a right belonging to the falsely accused, and that he may waive it, they maintain that it cannot be waived in exchange for compensation, because this right is not financial in nature, nor is wealth its intended purpose; therefore, it cannot be waived for compensation. This is the first view.
The second view is that it may be waived for compensation, because it is the falsely accused whose record will be tarnished by the accusation. Thus, instead, he may say, “Give me one hundred thousand riyals, and, Allah willing, I will defend myself regarding this accusation of unchastity.” This view has some merit, since it is, in reality, a right belonging to an individual. This is why the prescribed punishment for false accusation of unchastity is not carried out unless the falsely accused makes a claim.
But if we say that it is purely a right of Allah, and that a claim by the falsely accused is not required, then it cannot be waived for compensation.
His statement, “nor a right of pre-emption”: The right of pre-emption is clarified by an example. Two people are partners in a piece of land, and one of them sells his share to a third party. The one entitled to pre-emption is the partner who did not sell. The purchaser then goes to that partner and says, “You have the right of pre-emption, but I will give you ten thousand riyals if you waive your right.” If he does so, the author says that it is not valid in exchange for waiving the right of pre-emption, because the partner must either exercise his right of pre-emption or leave it without compensation, free of charge.
The second view is that it is valid to accept compensation for waiving the right of pre-emption, because the right of pre-emption is connected to property and is therefore an individual’s right. Thus, the purchaser has reached a settlement with the pre-emptor.