The Killing of a Muslim by a Dhimmi, Intentionally or Unintentionally
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success, what is the ruling if a Muslim kills a dhimmi, whether the killing was intentional or unintentional?
The Shaykh:
Without a treaty, this entails blood money and expiation. If he has a treaty, it entails expiation[An-Nisa 4:92] If he has a treaty, this entails blood money and expiation. However, if it was intentional, it entails blood money but no expiation and no retaliation, due to the lack of equivalence. Retaliation requires equivalence between the killer and the killed. A disbeliever is not equivalent to a Muslim, so a Muslim is not killed for a disbeliever. This is in the authentic Sunnah Sahih al-Bukhari 3047.
The questioner:
In these lands.
The Shaykh:
But the one in authority has the right to discipline the Muslim who killed the disbeliever intentionally, to punish him and discipline him. But there is no retaliation; there is no retaliation. Yes.
He says: Honorable Shaykh, may Allah grant you success, what is the ruling if a Muslim kills a dhimmi, whether the killing was intentional or unintentional?
The Shaykh:
Without a treaty, this entails blood money and expiation. If he has a treaty, it entails expiation
and if he was from a people with whom you have a treaty - then a compensation payment presented to his family and the freeing of a believing slave
وَإِن كَانَ مِن قَوْمٍ بَيْنَكُمْ وَبَيْنَهُم مِّيثَاقٌ فَدِيَةٌ مُّسَلَّمَةٌ إِلَىٰ أَهْلِهِ وَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍthe judgment that no Muslim should be killed for killing an infidel
أن لا يقتل مسلم بكافرThe questioner:
In these lands.
The Shaykh:
But the one in authority has the right to discipline the Muslim who killed the disbeliever intentionally, to punish him and discipline him. But there is no retaliation; there is no retaliation. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/64 شرح زاد المستقنع/ صالح الفوزان — youtube.com (37:52)
The Arabic text is a machine transcription of the audio recording.