The Meaning of the Hadith of Sa'd's Jealousy and the Killing of One Found with His Wife
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, may Allah preserve you. In Sahih al-Bukhari, Sa'd ibn Ubadah said, "If I were to find a man with my wife, I would kill him with the sword, even if he were armored." The Messenger of Allah (peace and blessings be upon him) said:Sahih al-Bukhari 7416, or as he (peace and blessings be upon him) said. The question is: Is this an approval by the Messenger of Allah (peace and blessings be upon him) of Sa'd's statement? And is the man to be killed if he does so?
The Shaykh:
The default ruling is that he is to be killed, because he could claim that the man entered his house and that he killed him out of jealousy. This would be a ruse, and blood would be shed through this method of ruse. However, the Messenger of Allah (peace and blessings be upon him) said this statement regarding Sa'd (may Allah be pleased with him), because Sa'd has a special quality, and he possesses a level of scrupulousness and mindfulness of Allah that prevents him from shedding blood without right. Otherwise, the default ruling is that one who intentionally kills a person in aggression is to be killed in retaliation if demanded, because if this door were opened, people would use ruses to kill whom they wish by claiming, "He entered my house," or perhaps they would invite him and kill him, saying, "He attacked me and he entered on me." Who would clarify such a matter? Blood is protected and preserved from ruses and from... Yes.
The questioner:
Honorable Shaykh, may Allah grant you success.
The Shaykh:
Perhaps Sa'd's statement is from the category of repelling an aggressor. It is correct to repel an aggressor if a person attacks someone, wanting his wealth, or wanting his wife, or wanting to kill him; he repels him, even by killing, and there is no blame on him. Repelling an aggressor involves killing, and there is no harm in it, but only if it is confirmed that he is an aggressor, if it is confirmed that he is an aggressor and the suspicion is removed. Yes.
Honorable Shaykh, may Allah preserve you. In Sahih al-Bukhari, Sa'd ibn Ubadah said, "If I were to find a man with my wife, I would kill him with the sword, even if he were armored." The Messenger of Allah (peace and blessings be upon him) said:
You people are astonished at Sa`d's Ghira. By Allah, I have more Ghira than he, and Allah has more Ghira than I
تعجبون من غيرة سعد، والله إني لأغير منه، والله أغير منيThe Shaykh:
The default ruling is that he is to be killed, because he could claim that the man entered his house and that he killed him out of jealousy. This would be a ruse, and blood would be shed through this method of ruse. However, the Messenger of Allah (peace and blessings be upon him) said this statement regarding Sa'd (may Allah be pleased with him), because Sa'd has a special quality, and he possesses a level of scrupulousness and mindfulness of Allah that prevents him from shedding blood without right. Otherwise, the default ruling is that one who intentionally kills a person in aggression is to be killed in retaliation if demanded, because if this door were opened, people would use ruses to kill whom they wish by claiming, "He entered my house," or perhaps they would invite him and kill him, saying, "He attacked me and he entered on me." Who would clarify such a matter? Blood is protected and preserved from ruses and from... Yes.
The questioner:
Honorable Shaykh, may Allah grant you success.
The Shaykh:
Perhaps Sa'd's statement is from the category of repelling an aggressor. It is correct to repel an aggressor if a person attacks someone, wanting his wealth, or wanting his wife, or wanting to kill him; he repels him, even by killing, and there is no blame on him. Repelling an aggressor involves killing, and there is no harm in it, but only if it is confirmed that he is an aggressor, if it is confirmed that he is an aggressor and the suspicion is removed. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 61 من 89|شرح العدة في شرح العمدة|كتاب اللعان|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:08:12)
The Arabic text is a machine transcription of the audio recording.