The Expiation of the Intentional Murderer
Machine translationRead the Arabic original
Question:
Honorable Shaykh, may Allah keep you safe. Does the intentional murderer who is deliberate have to perform the major expiation of fasting for two months, especially when he has benefited us?
Answer:
The one who kills intentionally and aggressively owes no expiation; he is subject to the warning:[An-Nisa 4:93] He warned him with this severe warning and did not make an expiation obligatory upon him, because his crime is not extinguished by an expiation.
His crime, may Allah protect us from it, is not extinguished by an expiation. He is subject to the warning unless he repents to Allah the Exalted. This is a matter of disagreement among scholars: does the warning drop off him, or is it necessary to punish him and carry out the warning against him?
The majority hold that repentance exempts him from the warning. Some scholars, such as Ibn Abbas and others, held that there is no repentance for the murderer; the warning must be carried out against him. However, this does not mean that he is a disbeliever; it means that he is a Muslim, but the warning must be carried out against him, which is his torment in the Fire.
Honorable Shaykh, may Allah keep you safe. Does the intentional murderer who is deliberate have to perform the major expiation of fasting for two months, especially when he has benefited us?
Answer:
The one who kills intentionally and aggressively owes no expiation; he is subject to the warning:
But whoever kills a believer intentionally - his recompense is Hell, wherein he will abide eternally, and Allah has become angry with him and has cursed him and has prepared for him a great punishment.
وَمَن يَقْتُلْ مُؤْمِنًا مُّتَعَمِّدًا فَجَزَاؤُهُ جَهَنَّمُ خَالِدًا فِيهَا وَغَضِبَ اللَّهُ عَلَيْهِ وَلَعَنَهُ وَأَعَدَّ لَهُ عَذَابًا عَظِيمًاHis crime, may Allah protect us from it, is not extinguished by an expiation. He is subject to the warning unless he repents to Allah the Exalted. This is a matter of disagreement among scholars: does the warning drop off him, or is it necessary to punish him and carry out the warning against him?
The majority hold that repentance exempts him from the warning. Some scholars, such as Ibn Abbas and others, held that there is no repentance for the murderer; the warning must be carried out against him. However, this does not mean that he is a disbeliever; it means that he is a Muslim, but the warning must be carried out against him, which is his torment in the Fire.
Source
قناة «العلامة الدكتور صالح الفوزان»، 70 من 89|شرح العدة في شرح العمدة|كتاب الجنايات|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:01:28)
The Arabic text is a machine transcription of the audio recording.