The Ruling on Killing an Aggressor in the House
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, if a person is attacked in his house and its threshold, and he kills this aggressor, whether he killed him or fought him,
The Shaykh:
this.
The questioner:
If he kills this aggressor, is there anything required of the killer, or is it obligatory for him to follow the best course?
The Shaykh:
This requires verification. Not everyone who claims to be an aggressor is one; he might invite someone to honor him in order to kill him and then say, "He was an aggressor against me." Who can prove that he was an aggressor? If this door is opened, it leads to self-harm. The default is the establishment of retaliation (qisas), unless it is verified that he was an aggressor. If it is verified that he was an aggressor, and it is his habit and known that he attacks people, then yes, the one who kills him in his house is believed. But if it is not his habit to attack people, and he is not known for this, and he claims that someone was an aggressor against him, his claim is not accepted, because this means killing by ambush (ghaylah). Killing by ambush is when one invites people and kills them, saying they were aggressors against him. Yes.
Honorable Shaykh, if a person is attacked in his house and its threshold, and he kills this aggressor, whether he killed him or fought him,
The Shaykh:
this.
The questioner:
If he kills this aggressor, is there anything required of the killer, or is it obligatory for him to follow the best course?
The Shaykh:
This requires verification. Not everyone who claims to be an aggressor is one; he might invite someone to honor him in order to kill him and then say, "He was an aggressor against me." Who can prove that he was an aggressor? If this door is opened, it leads to self-harm. The default is the establishment of retaliation (qisas), unless it is verified that he was an aggressor. If it is verified that he was an aggressor, and it is his habit and known that he attacks people, then yes, the one who kills him in his house is believed. But if it is not his habit to attack people, and he is not known for this, and he claims that someone was an aggressor against him, his claim is not accepted, because this means killing by ambush (ghaylah). Killing by ambush is when one invites people and kills them, saying they were aggressors 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 (1:06:23)
The Arabic text is a machine transcription of the audio recording.