Imitating the Enemy's Soldiers and Stripping the Killed
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success. If a soldier from the enemy mutilates one of my family members in a horrific manner, and I am able to capture this person, is it permissible for me to mutilate him and take revenge on him?
The Shaykh:
No, there is a prohibition against mutilation, a prohibition even against the polytheists. The Prophet (peace and blessings be upon him) intended to mutilate the polytheists when they mutilated Hamzah (may Allah be pleased with him), but the Exalted and Majestic is He prohibited him from doing so. It is not permissible for a Muslim. The saying of the Messenger (peace and blessings be upon him):Muwatta Malik 21:21.
The questioner:
Yes. Is this absolute, or is the permission of faith required?
The Shaykh:
This is absolute. This involves the command of the Messenger (peace and blessings be upon him). The Salaf, in the context, refuse the weapon; this belongs to the killer and does not enter into the war spoils. Only the money with the enemy enters into the war spoils. As for his spoils and his weapon, this belongs to the killer; the Messenger (peace and blessings be upon him) gave it to him. Yes.
He says: Honorable Shaykh, may Allah grant you success. If a soldier from the enemy mutilates one of my family members in a horrific manner, and I am able to capture this person, is it permissible for me to mutilate him and take revenge on him?
The Shaykh:
No, there is a prohibition against mutilation, a prohibition even against the polytheists. The Prophet (peace and blessings be upon him) intended to mutilate the polytheists when they mutilated Hamzah (may Allah be pleased with him), but the Exalted and Majestic is He prohibited him from doing so. It is not permissible for a Muslim. The saying of the Messenger (peace and blessings be upon him):
Whoever kills someone can have his effects
من قتل قتيلا فله سلبهThe questioner:
Yes. Is this absolute, or is the permission of faith required?
The Shaykh:
This is absolute. This involves the command of the Messenger (peace and blessings be upon him). The Salaf, in the context, refuse the weapon; this belongs to the killer and does not enter into the war spoils. Only the money with the enemy enters into the war spoils. As for his spoils and his weapon, this belongs to the killer; the Messenger (peace and blessings be upon him) gave it to him. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/62 شرح زاد المستقنع/ صالح الفوزان — youtube.com (1:08:38)
The Arabic text is a machine transcription of the audio recording.