The Method of Retaliation for One Who Was Killed by Hanging
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Question:
Honorable Shaykh, may Allah preserve you. If a man kills another man who was obedient to him by strangulation, and then dies, is this man to be killed by hanging or by beheading?
Answer:
There is a disagreement among the scholars. Some hold that retaliation is carried out in the same manner as the killing. Others hold that retaliation is carried out with the sword in all cases, because there is a hadith, though it is weak, that says, "There is no retaliation except with the sword." The position in our school is that retaliation is carried out with the sword only.
The second opinion is that the perpetrator is treated in the same way he treated the victim, based on the story of the Jew whose head the Prophet (peace and blessings be upon him) crushed between two stones. They say this is the meaning of retaliation: that the perpetrator is treated in the same way he treated the victim, unless the act is forbidden. If he gave someone intoxicants and they died, the perpetrator is not given intoxicants, because that is forbidden. Rather, he is killed with the sword. Yes.
Honorable Shaykh, may Allah preserve you. If a man kills another man who was obedient to him by strangulation, and then dies, is this man to be killed by hanging or by beheading?
Answer:
There is a disagreement among the scholars. Some hold that retaliation is carried out in the same manner as the killing. Others hold that retaliation is carried out with the sword in all cases, because there is a hadith, though it is weak, that says, "There is no retaliation except with the sword." The position in our school is that retaliation is carried out with the sword only.
The second opinion is that the perpetrator is treated in the same way he treated the victim, based on the story of the Jew whose head the Prophet (peace and blessings be upon him) crushed between two stones. They say this is the meaning of retaliation: that the perpetrator is treated in the same way he treated the victim, unless the act is forbidden. If he gave someone intoxicants and they died, the perpetrator is not given intoxicants, because that is forbidden. Rather, he is killed with the sword. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 70 من 89|شرح العدة في شرح العمدة|كتاب الجنايات|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:08:14)
The Arabic text is a machine transcription of the audio recording.
