The ruling on killing the adulterer with the wife and the specific status of Sa'd ibn 'Ubadah
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Question:
And last night, may Allah protect you, in Sahih al-Bukhari, it is narrated that Sa'd ibn 'Ubadah said, "If I were to find a man with my wife, I would kill him with the sword, not sparing him." The Messenger of Allah (peace and blessings be upon him) said:Sahih al-Bukhari 7416 or as he (peace and blessings be upon him) said. The question is: Is this an approval by the Messenger of Allah (peace and blessings be upon him) of Sa'd's statement? And is the man to be killed if he does so?
Answer:
The default ruling is that it is a killing, meaning the claimant can say he was in his house and he killed him out of jealousy, and this would be a form of stratagem, and one would benefit by this method, the method of stratagem. But the Messenger of Allah (peace and blessings be upon him) said this statement regarding Sa'd (may Allah be pleased with him). Sa'd had a special status, and he possessed a level of scrupulousness and piety that prevented him from shedding blood without right. Otherwise, the default is that one who kills a person intentionally and aggressively is to be killed in retaliation, and he is to be executed if demanded, because if this door were opened, people would use stratagems to kill whom they wish by claiming he entered my house, or perhaps they would invite him and answer him and kill him, saying he is the one who attacked me and the one who entered upon me. Who can prove this matter? Blood is preserved from stratagems. Honorable Shaykh, you faltered and then placed it.
What Sa'd said is from the category of repelling an aggressor. It is correct that if a person wants your wealth, or wants your wife, or wants to kill you, you repel him, even by killing him, and there is nothing upon you. Repelling an aggressor is an error and there is nothing in it, but if it is confirmed that he is an aggressor and the group is gone. Yes.
And last night, may Allah protect you, in Sahih al-Bukhari, it is narrated that Sa'd ibn 'Ubadah said, "If I were to find a man with my wife, I would kill him with the sword, not sparing him." The Messenger of Allah (peace and blessings be upon him) said:
You people are astonished at Sa`d's Ghira. By Allah, I have more Ghira than he, and Allah has more Ghira than I
تعجبون من غيرة سعد، والله إني لأغير منه، والله أغير منيAnswer:
The default ruling is that it is a killing, meaning the claimant can say he was in his house and he killed him out of jealousy, and this would be a form of stratagem, and one would benefit by this method, the method of stratagem. But the Messenger of Allah (peace and blessings be upon him) said this statement regarding Sa'd (may Allah be pleased with him). Sa'd had a special status, and he possessed a level of scrupulousness and piety that prevented him from shedding blood without right. Otherwise, the default is that one who kills a person intentionally and aggressively is to be killed in retaliation, and he is to be executed if demanded, because if this door were opened, people would use stratagems to kill whom they wish by claiming he entered my house, or perhaps they would invite him and answer him and kill him, saying he is the one who attacked me and the one who entered upon me. Who can prove this matter? Blood is preserved from stratagems. Honorable Shaykh, you faltered and then placed it.
What Sa'd said is from the category of repelling an aggressor. It is correct that if a person wants your wealth, or wants your wife, or wants to kill you, you repel him, even by killing him, and there is nothing upon you. Repelling an aggressor is an error and there is nothing in it, but if it is confirmed that he is an aggressor and the group is gone. Yes.
Source
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