Questions about some of the rulings of retaliation in kind?
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The questioner : ... civil matters, regarding the four who were sentenced to death, three of them are seven, meaning; do you not see that the death penalty must be for all of them?
The Shaykh : And is it permissible for me to rule on something in which I did not bear witness? But I am asking you: why is the ruling for all of them? And take the lightest of them, who was sentenced to imprisonment, one year or two?
The questioner : Two years.
The Shaykh : Two years, why is this to be killed? What did you equate in your religion, what did you equate so that he is killed?
The questioner : By Allah, I do not know, my opinion is that they participated in the killing.
The Shaykh : Participation in the killing, of whatever type the participation was, does it necessitate killing by retaliation in kind?
The questioner : Participation in which the killing occurs.
The Shaykh : You did not answer me, you just relax; think about the question and answer; say: yes or no?
The questioner: No.
The Shaykh : So how do you want me to issue a ruling from above that the death penalty must be for all of them?!
The questioner : ... .
The Shaykh : That is why I made this introduction for you!
How many of them were they who hanged them; four, is that not so?
The questioner : Meaning those against whom the ruling was issued.
Another questioner : The ruling was issued?
The questioner : No, not yet.
Another questioner : ... the ruling has not yet been issued against them.
The Shaykh : It has not been issued?
The questioner : No, no, today, excuse me ... yesterday ... .
The Shaykh : I understood it that way, by Allah.
The questioner : ... it has not been issued ... .
The Shaykh : Strange!
The questioner : They retracted their statement.
The Shaykh : We understood that the ruling was issued, and they executed the ruling by hanging.
The questioner : In the newspaper ... that it was issued, today they said, unfortunately, we wrote it by mistake or this came out by oversight or something like that!
Another questioner : It was not executed.
The Shaykh : Is it permissible to hang these four murderers?
The questioner : No, hanging them is not permissible.
The Shaykh : This is something you must ask about.
The questioner : He knows this answer.
The Shaykh : You know it, and others?
The questioner : What do you mean?
The Shaykh : Yes, if it were us, why did we open this door? If you know and others do not know, it becomes like your story where he knows.
The questioner : So what is the ruling on the death penalty by hanging in Islam?
The Shaykh : It is not permissible.
The questioner : Okay; what is the reason?
The Shaykh : The reason is that he (peace and blessings be upon him) said:Sunan Ibn Majah 2667Da'if (Darussalam), yes, and this is the general legal ruling; the killer is killed, but, he is killed with the sword, but if a killer did not use a barbaric method, there is no victim who is not killed by this same method.
The questioner : What Allah willed!
The Shaykh : Meaning a criminal killer who killed a person by throwing him from the "balcony" onto the street, he is placed in a place resembling that and thrown until he dies on the top of his head. A killer who killed a person by crushing him with a stone until he tore his head apart, he is killed by the same method, and so on. A man from the Jews in the time of the Messenger (peace and blessings be upon him) saw a Muslim woman who apparently had jewelry, so he wanted to take the jewelry from her, so he crushed her head with stones and then turned away, when they caught up with him, they found her on the brink of life, they asked her: who did this to you? She said: so-and-so the Jew. Naturally, they brought him, so the Messenger (peace and blessings be upon him) ordered that he be killed by the same method, yes, so the rule is thatSunan Ibn Majah 2667Da'if (Darussalam).
And now let us go, my brothers, we need an hour to arrive, it is ten thirty!
The questioner : O Shaykh, it is eight thirty, by Allah ... .
The Shaykh : ... by Allah, but it will be ten and a third.
The questioner : Ten and a third or nine and a third?
The Shaykh : Ten and a third.
The questioner : ... .
The Shaykh: Yes.
The questioner : If this criminal killed in a heinous manner like this, and he was caught; by which method will they kill him?
The Shaykh : By the method by which he killed.
The questioner : Several methods?
The Shaykh : The most heinous method is executed on him.
The questioner : ... ؟
The Shaykh : The most heinous.
The questioner : The most heinous.
The Shaykh : Yes, we are pointing out to you, in Arabic, the most heinous.
The questioner : By Allah, O our Shaykh ... and Allah is witness, our brothers are ready to ask until morning.
The Shaykh : May Allah reward you.
Another questioner : May the best of it be with the other, if Allah wills.
The Shaykh : You give news of the women ... .
...
The Shaykh : It was printed on the account of the printing press or a publisher or something like that, this type requires preparation from the printer and the publisher - as well -, and this is a booklet of this kind, the other section - which is less - no one has a right in it, so the publishing right can be given by me, and this matter is easy, this message, despite being small in size, has finally become the right of a Saudi publisher, you may have seen it.
The questioner : Al-Ma'arif Bookstore.
The Shaykh : Oh?
The questioner : Al-Ma'arif Bookstore.
The Shaykh : Yes, so if you agree with him, I have no objection.
The questioner : Good, if Allah wills we will contact him, is he present? It seems we heard he passed away?
The Shaykh : No, he is present here in Riyadh, and sometimes he comes here but without a specific time!
The questioner : What is his name, O Shaykh? Do you know his name?
The Shaykh : His name is Shaykh Sa'd, Sa'd what? "Sa'd al-Rashid".
The questioner : In Riyadh.
Another questioner : Al-Ma'arif Bookstore.
The Shaykh: Yes.
...
The Shaykh : And is it permissible for me to rule on something in which I did not bear witness? But I am asking you: why is the ruling for all of them? And take the lightest of them, who was sentenced to imprisonment, one year or two?
The questioner : Two years.
The Shaykh : Two years, why is this to be killed? What did you equate in your religion, what did you equate so that he is killed?
The questioner : By Allah, I do not know, my opinion is that they participated in the killing.
The Shaykh : Participation in the killing, of whatever type the participation was, does it necessitate killing by retaliation in kind?
The questioner : Participation in which the killing occurs.
The Shaykh : You did not answer me, you just relax; think about the question and answer; say: yes or no?
The questioner: No.
The Shaykh : So how do you want me to issue a ruling from above that the death penalty must be for all of them?!
The questioner : ... .
The Shaykh : That is why I made this introduction for you!
How many of them were they who hanged them; four, is that not so?
The questioner : Meaning those against whom the ruling was issued.
Another questioner : The ruling was issued?
The questioner : No, not yet.
Another questioner : ... the ruling has not yet been issued against them.
The Shaykh : It has not been issued?
The questioner : No, no, today, excuse me ... yesterday ... .
The Shaykh : I understood it that way, by Allah.
The questioner : ... it has not been issued ... .
The Shaykh : Strange!
The questioner : They retracted their statement.
The Shaykh : We understood that the ruling was issued, and they executed the ruling by hanging.
The questioner : In the newspaper ... that it was issued, today they said, unfortunately, we wrote it by mistake or this came out by oversight or something like that!
Another questioner : It was not executed.
The Shaykh : Is it permissible to hang these four murderers?
The questioner : No, hanging them is not permissible.
The Shaykh : This is something you must ask about.
The questioner : He knows this answer.
The Shaykh : You know it, and others?
The questioner : What do you mean?
The Shaykh : Yes, if it were us, why did we open this door? If you know and others do not know, it becomes like your story where he knows.
The questioner : So what is the ruling on the death penalty by hanging in Islam?
The Shaykh : It is not permissible.
The questioner : Okay; what is the reason?
The Shaykh : The reason is that he (peace and blessings be upon him) said:
There is no retaliation except with the sword.
لا قَوَدَ إلا بالسيفThe questioner : What Allah willed!
The Shaykh : Meaning a criminal killer who killed a person by throwing him from the "balcony" onto the street, he is placed in a place resembling that and thrown until he dies on the top of his head. A killer who killed a person by crushing him with a stone until he tore his head apart, he is killed by the same method, and so on. A man from the Jews in the time of the Messenger (peace and blessings be upon him) saw a Muslim woman who apparently had jewelry, so he wanted to take the jewelry from her, so he crushed her head with stones and then turned away, when they caught up with him, they found her on the brink of life, they asked her: who did this to you? She said: so-and-so the Jew. Naturally, they brought him, so the Messenger (peace and blessings be upon him) ordered that he be killed by the same method, yes, so the rule is that
There is no retaliation except with the sword.
لا قَوَدَ إلا بالسيفAnd now let us go, my brothers, we need an hour to arrive, it is ten thirty!
The questioner : O Shaykh, it is eight thirty, by Allah ... .
The Shaykh : ... by Allah, but it will be ten and a third.
The questioner : Ten and a third or nine and a third?
The Shaykh : Ten and a third.
The questioner : ... .
The Shaykh: Yes.
The questioner : If this criminal killed in a heinous manner like this, and he was caught; by which method will they kill him?
The Shaykh : By the method by which he killed.
The questioner : Several methods?
The Shaykh : The most heinous method is executed on him.
The questioner : ... ؟
The Shaykh : The most heinous.
The questioner : The most heinous.
The Shaykh : Yes, we are pointing out to you, in Arabic, the most heinous.
The questioner : By Allah, O our Shaykh ... and Allah is witness, our brothers are ready to ask until morning.
The Shaykh : May Allah reward you.
Another questioner : May the best of it be with the other, if Allah wills.
The Shaykh : You give news of the women ... .
...
The Shaykh : It was printed on the account of the printing press or a publisher or something like that, this type requires preparation from the printer and the publisher - as well -, and this is a booklet of this kind, the other section - which is less - no one has a right in it, so the publishing right can be given by me, and this matter is easy, this message, despite being small in size, has finally become the right of a Saudi publisher, you may have seen it.
The questioner : Al-Ma'arif Bookstore.
The Shaykh : Oh?
The questioner : Al-Ma'arif Bookstore.
The Shaykh : Yes, so if you agree with him, I have no objection.
The questioner : Good, if Allah wills we will contact him, is he present? It seems we heard he passed away?
The Shaykh : No, he is present here in Riyadh, and sometimes he comes here but without a specific time!
The questioner : What is his name, O Shaykh? Do you know his name?
The Shaykh : His name is Shaykh Sa'd, Sa'd what? "Sa'd al-Rashid".
The questioner : In Riyadh.
Another questioner : Al-Ma'arif Bookstore.
The Shaykh: Yes.
...
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
