the prescribed punishments are carried out, obedience to Allah becomes manifest and disobedience to Allah Most High diminishes, bringing provision and victory.
It is not permissible to take money from someone guilty of unlawful sexual intercourse, theft, drinking intoxicants, highway robbery, or similar offences in exchange for suspending the prescribed punishments—whether for the public treasury or anyone else.
Money taken to suspend a prescribed punishment is vile, unlawful gain. If the ruler does this, he combines two grave evils: suspending the prescribed punishment and consuming unlawful gain. He thus neglects an obligation and commits a forbidden act. Allah Most High says:
“Why do the rabbis and religious scholars not forbid them from saying what is sinful and devouring what is unlawful? How wretched is what they have been practicing.”
Allah Most High also says concerning the Jews:
“Avid listeners to falsehood, devourers of unlawful gain.”
This is because they consumed unlawful gains from bribes, known as birtīl and sometimes called gifts or other names. Whenever the ruler consumes unlawful gain, he finds himself needing to listen to lies in the form of false testimony and the like. The Messenger of Allah, peace and blessings be upon him, “cursed the giver of a bribe, its recipient, and the go-between—the intermediary between them.” This is reported by the compilers of the Sunan collections.
The two Sahīh collections relate:
“Two men brought a dispute before the Prophet, peace and blessings be upon him. One of them said, ‘O Messenger of Allah, judge between us according to the Book of Allah.’ The other, who had greater understanding, said, ‘Yes, O Messenger of Allah, judge between us according to the Book of Allah, and allow me to speak.’
“He said, ‘Speak.’
“The man said, ‘My son was a hired labourer in the household of