The ruling on the expiation for a disbeliever who kills a believer by mistake
Machine translationRead the Arabic original
Question:
Honorable Shaykh, if a disbeliever kills a believer by mistake, is he required to pay the expiation? And is he required to be informed that he will be held accountable for it in the Hereafter only?
Answer:
If the disbeliever is bound by the rulings of the Muslims, they are applied to him. For example, if he came to the land of the Muslims for work, or entered it under a safe conduct, and he knows the system of Islam and the punishments that are applied, then he is judged by them. But if he is a disbeliever who is not bound by them, then the hudud (fixed punishments) are not carried out against him. Yes.
Honorable Shaykh, if a disbeliever kills a believer by mistake, is he required to pay the expiation? And is he required to be informed that he will be held accountable for it in the Hereafter only?
Answer:
If the disbeliever is bound by the rulings of the Muslims, they are applied to him. For example, if he came to the land of the Muslims for work, or entered it under a safe conduct, and he knows the system of Islam and the punishments that are applied, then he is judged by them. But if he is a disbeliever who is not bound by them, then the hudud (fixed punishments) are not carried out against him. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 80 من 89|شرح العدة في شرح العمدة|كتاب الديات|باب كفارة القتل|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:02:44)
The Arabic text is a machine transcription of the audio recording.