For it is initiated with, due to its lightness, then [the hadd for false accusation], and whichever of the two is prioritized, the other follows it, then [the hadd for adultery], for there is no destruction of life in it, then with amputation. This is how al-Qadi mentioned it. Abu al-Khattab said: One begins with amputation as retaliation (qisas), because it is a purely human right; then, when he recovers, he is punished for false accusation, if we say it is a human right, then he is punished for drinking, and when he recovers, he is punished for adultery; for a human right must be prioritized due to its certainty. The second type: that there are combined [hadd punishments of Allah the Almighty and hadd punishments of a human], and they include killing. Indeed, the hadd punishments of Allah the Almighty enter into the killing, whether they are from the hadd punishments of Allah the Almighty—such as stoning for adultery, and killing for banditry, or for apostasy—or for a human right, such as retaliation, due to what we have previously established. As for human rights, they are all to be carried out. Then, if the killing is a right of Allah the Almighty, all the rights are carried out consecutively, because the loss of his life is inevitable, so there is no benefit in delaying it. And if the killing is a human right, one waits for his recovery from the first [punishment] before carrying out the second, for two reasons: First, that carrying them out consecutively might lead to the loss of his life before the retaliation, whereby the human right would be lost. Second, that pardon is permissible, so delaying it might result in the guardian pardoning [the offender], and he would thus live, unlike killing as a right of Allah the Exalted. The third type: that the two rights agree on a single site and constitute a loss, such as killing and amputation as retaliation and as a hadd punishment. [As for the killing], if it includes what is purely a right of Allah the Almighty, such as stoning for adultery, and what is a human right, such as retaliation, the retaliation is prioritized due to the certainty of the human right. And if killing for killing in banditry and retaliation are combined, one begins
(33) In the original: "yuhaddu lil-qadhf" (he is punished for false accusation). (34) In the original: "yuhaddu lil-zina" (he is punished for adultery). (35) In B, M: "huduud Allah wa-huduud al-adamiyy" (the hadd punishments of Allah and the hadd punishments of a human). (36) In B: "aw al-qatl" (or killing). (37) In M: "al-riddah" (apostasy). (38) In M: "untuzirat" (it is waited). (39) In B, M: "bi-istifa'ihi" (by its carrying out). (40) In M: "bara'uhu" (his recovery). (41) Omitted from: M. (42) In the original: "li-ta'kid" (for confirmation).