It is also possible that they are not to be punished with tazir, because their retraction is an act of repentance on their part, thus the tazir is dropped from them, and because the legality of their tazir might prevent them from retracting for fear of it, so it is not legislated. If they say: "We were mistaken," they are not to be punished with tazir, because God the Exalted says: "And there is no blame upon you for that in which you have erred but [only for] what your hearts intended" (34). This is if their statement is plausibly true regarding the error. If it is not plausible [35], they are to be punished with tazir, and their statement is not accepted.

1921 - Issue: He said: (And if a judge cuts off the hand of a thief based on the testimony of two people, then it becomes clear that they were non-believers, or two corrupt persons, the blood money (diya) for the hand is in the public treasury).

In summary: if a judge rules based on the testimony of two people, regarding amputation or killing, and executes that, then it becomes clear that they were non-believers, or two corrupt persons (fasiqan), or two slaves, or one of them, there is no liability on the witnesses; because they maintained that they were truthful in what they testified about, and it is only the Law that forbade the acceptance of their testimony, unlike those who retract their testimony, as they confessed to their lying. Liability is due upon the judge or the Imam who undertook that; because he ruled based on the testimony of one whose testimony he is not permitted to rule by. There is no retaliation (qisas) upon him because he is a person who made a mistake, and the blood money becomes due. Regarding its source, there are two reports: The first is that it is from the public treasury; because he is a deputy of the Muslims and their agent, and the mistake of the agent regarding his principal is the responsibility of the principal. Also, because the mistakes of a judge occur frequently due to the frequency (1) of his actions and rulings, so imposing the liability for what he errs in upon his paternal kin (aqila) is an injustice to them, so this necessitated lightening it for him by placing it in the public treasury. For this reason, the paternal kin bore the blood money of error on behalf of the killer. The second report is that it is upon his paternal kin, lightened and deferred; according to what was narrated that a woman was mentioned to Umar with ill repute, so he sent for her, and she aborted her fetus, so that reached Umar, and he consulted the Companions. Some of them said: "There is nothing upon you; you are merely a discipliner." Ali said: "The blood money is upon you." Umar said: "I command you not to depart until you divide it among your people" (2), meaning the Quraysh.