If a husband finds a man with his wife and kills him, is he killed for it?

The questioner : Shaykh, I mean, given the abundance of discussion on this, if a man kills a man he sees with his wife, is he killed? He is. Because it is like a capability.

The Shaykh : The well-known view among most scholars is that he is killed, unless he brings proof. He is killed unless he brings proof. However, the correct view is that it is looked into: if the claimant is known for truthfulness and righteousness, and he says, "He came to me and defiled me with himself; I found him with my family," then his word is accepted. If the situation is the opposite, then the word of the awliya (guardians) of the murdered man is accepted. So the issue requires circumstantial evidence. We know that if he kills him, he will kill him while he is with his wife. I mean, the issue is: anyone who answers it would say, "Come, look, the man is not going to want to kill him first, then lift him and put him on his wife; that is far-fetched."

The questioner : May Allah keep you.

The Shaykh : If it was accidental, he owes the blood money. If it was intentional, he is killed. No, it is not permissible to kill his wife because she did not observe the waiting period.

The questioner : Okay, I say: if he kills him, does he owe blood money or not?

The Shaykh : As we said, the stronger position is that if the man whose family was violated is known for truthfulness, then he owes nothing. This is regarding the aggressor. As for the wife, he owes the blood money and the expiation. Yes.

The questioner : Okay, if the killer is the wife's brother, or the woman's brother, or the brother of her father, I mean, the killer is not her husband,

The Shaykh : It appears that he is killed. I think he is killed.

The questioner : This is just a war.

The Shaykh : No, my brother, violating a person's bed is not like violating a person's sister; this is more severe. That is why you find people blaming the man whose wife is violated more than the man whose sister is violated. I mean, it does not mean that the other is not blamed; he is blamed, but this is more severe. It makes his wife, may Allah protect us, a fornicatress.

The questioner : Some people are more severe.

The Shaykh : This is rare. This is rare. The speech that came in the hadith is about the husband. Yes, indeed.

The questioner : What does he do?

The Shaykh : He kills him. He has the right to kill him. We mentioned this, my brother. We mentioned it before, and we said he kills him without warning. We mentioned to you a parallel to this, which is the one who peeks through the door. Yes, indeed.

The questioner : If it is obligatory that he goes out.

The Shaykh : He kills him. Without warning, meaning he takes the sword or the gun and kills him. There is no need to say, "Get up, fear Allah," or for example, to inform him that he is present. No need. He kills him immediately. And we mentioned to you the athar (report) of 'Umar ibn al-Khattab (may Allah be pleased with him), where he took the sword and shook it and said to him, "If they return, return."