If a man finds someone with his family, should he kill him?

The questioner : A questioner asks, saying: If a man finds someone with his family, should he kill him?

The Shaykh : No, he does not kill him.

The questioner : And if he did not restrain himself and killed him, is there anything upon him?

The Shaykh : Is there anything upon him? Do you mean to say he kills?

The questioner : Retaliation.

The Shaykh : Is there something upon him? It is understood that there is something upon him because he opposed the Shari'ah.

The questioner : Is there something upon him as a hudud punishment, meaning for the killing?

The Shaykh : No, because this is a case of ta'wil (figurative interpretation).

The questioner : Yes, like the hadith of my shaykh regarding Mu'adh: "Are you amazed at Mu'adh's jealousy?"

The Shaykh: Yes.

The questioner : Okay, my shaykh, here when you said that he does not kill, and the Messenger of Allah (peace and blessings be upon him) did not comment on the words of Mu'adh (may Allah be pleased with him).

The Shaykh : What do you mean by "did not comment"? He did comment, he said: What do you mean by "did not comment"?

The questioner : I mean he did not comment with disapproval of his statement. Here he commented and let the statement pass, as if it implies that he approved of his action or his statement.

The Shaykh : Do you mean he approved of it, meaning he says to him, "May Allah bless you, if you killed the one who came to you in this state"?

The questioner : If you killed the one who comes to your family.

The Shaykh : Pardon me, yes.

The questioner: Yes.

The Shaykh : Yes, is that how you understand the hadith?

The questioner : Yes, that is how it is, my shaykh.

The Shaykh : No, no one understands it that way, no one shares this understanding with you. He said this to clarify that if he did it, it would be a case of ta'wil (figurative interpretation).

The questioner : Ta'wil, yes. May Allah honor you, my shaykh. May Allah reward you with good and honor you.