عفو

العَفْو

In the lexicon, afw means removing or pardoning, and also abundance, going away and giving; the jurists use it mainly for dropping or overlooking a right ¹. It is distinguished from pardon by forgiveness of the wrong (safh) and from the forgiveness of sins (maghfira), dropping a right (isqat) and settlement (sulh) ². Its ruling depends on the right: pardon is recommended where the right is purely the individual's; where the right belongs to God, as in the fixed punishments, there is no pardon once the matter is before the judge ². In worship, the schools disagree on pardon for small amounts of impurity, such as blood, pus and street mud, on the interval between the two thresholds of the camel and the cattle tax, on some things that do not break the fast, and on forgotten wearing of sewn clothes or perfume during pilgrimage ^{3 4 5}. In contracts, pardon of pre-emption, of a debt, and of a dower are treated ^{5 6}. In retaliation, pardon is lawful and recommended; if one of several heirs pardons, the retaliation falls and the others' shares become money, by the consensus the text reports; the schools differ on the effect of pardon during injury, on the capacity of the pardoner, and on settlement for money ^{6 7 8 9}. There is no pardon for the fixed punishments of adultery and theft; the jurists differ on slander, and pardon in discretionary punishment (ta'zir) is allowed where it concerns a person's right or the ruler's discretion ^{10 11 12}.