If the disbelievers mutilate the Muslims, should they be mutilated in return, based on the statement: “And if you punish them, then punish them with the like of that by which you were punished”
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Question:
The Honorable Shaykh, may Allah grant you success, says: If the disbelievers mutilate the Muslims, should the Muslims mutilate them in return, based on the statement of Allah:[An-Nahl 16:126]? Is this disbeliever who is being killed the same one who killed the Muslim and mutilated him? Or was it someone else who committed this crime? If it was someone else who did it, no bearer of a burden shall bear the burden of another.
Answer:
nor shall another bear the burden of the first. However, if it is he who is doing this to him in the context of qisas (retaliation in kind), this is a matter of scholarly disagreement[An-Nahl 16:126]. Yes.
The Honorable Shaykh, may Allah grant you success, says: If the disbelievers mutilate the Muslims, should the Muslims mutilate them in return, based on the statement of Allah:
And if you punish [an enemy, O believers], punish with an equivalent of that with which you were harmed
وَإِنْ عَاقَبْتُمْ فَعَاقِبُوا بِمِثْلِ مَا عُوقِبْتُم بِهِAnswer:
nor shall another bear the burden of the first. However, if it is he who is doing this to him in the context of qisas (retaliation in kind), this is a matter of scholarly disagreement
And if you punish [an enemy, O believers], punish with an equivalent of that with which you were harmed
وَإِنْ عَاقَبْتُمْ فَعَاقِبُوا بِمِثْلِ مَا عُوقِبْتُم بِهِ
Source
قناة «العلامة الدكتور صالح الفوزان»، [1059 -2802] إذا مثَّل الكفار بالمسلمين فهل يُمثل بهم لقوله ﴿وإن عاقبتهم فعاقبوا بمثل ما عوقبتم به) — youtube.com
The Arabic text is a machine transcription of the audio recording.