A man found disbelievers gathered to torture a Muslim, intending to kill him. If he kills these disbelievers, is he following the Sunnah?
Machine translationRead the Arabic original
The questioner : Three men from the religion of disbelief attacked a Sunni Muslim in a non-Arab country.
The Shaykh : What did they do?
The questioner : They attacked a man and began cutting off the limbs of his body, yes, in a place far from people. A Muslim man who knew these three, because they are of the religion of disbelief, and who knew this man in their hands, who was a Muslim, passed by. The man was armed, meaning he had a pistol. When he saw them in this state, and they were cutting the man open, until they reached the point of cutting off his last foot and putting salt on it to torture him more, this man thought, "If I kill these people, am I sinful before Allah?" Then he thought about it further, and it became clear to him that he should kill them. So he took the pistol and killed the three. As for this man, the Muslim who was in their hands, he died, of course, from the effects of the torture. Is there any sin on this man who killed the three disbelievers?
The Shaykh : If it is as you describe, meaning that he judged for himself, exercised independent legal reasoning, and so on, and killed these three disbelievers who were attacking the Muslim, then he has no sin on him.
The questioner : May Allah reward you with good.
The questioner : Shaykh, if this man came and they had already finished killing him? Does he do the same thing?
The Shaykh : How do you mean?
The questioner : He came...
The Shaykh : What is the difference between your question and his question?
The questioner : There is a difference, as it seems to me. The difference is that in the first scenario, he saw them torturing him in the manner described by my brother Abu Ahmad, and in the other scenario, they had finished killing him... So now, this is among the attributes of the ruler.
The Shaykh : In the first scenario, it is not within the ruler's jurisdiction?
The questioner : In the first scenario, he was compelled to intervene, perhaps to save him, as they were currently torturing him. In the other scenario, they had finished killing him.
The Shaykh : By Allah, we heard the question and the answer. What I understood from his question is that the result of the torture was his death?
The questioner : After he killed them, he died, meaning he killed them...
The Shaykh : No, I understood that the torture of the three for him was the cause of his death, so he killed them...
The questioner : ...
The Shaykh : Wait, understand what I am saying. What I understood from you is that they took him, tortured him, cut him open, put salt on him, and I don't know what else, and that was the cause of his death, so he killed them.
The questioner : I do not know this detail, O Shaykh. As for after he killed the three, he saw that this Muslim man was dead. But during the time he started killing them, I do not know if he was dead or alive...
The Shaykh : In that case, this difference applies, and consequently, the ruling differs. In the first scenario, it is not permissible for him to kill them.
The questioner : As long as the man is alive.
The Shaykh : Because they did not kill him. I understood that they killed him. And this scenario is permissible because... Do you agree with this... Finally, you are saying that his killing of these three was before the man died because of them. Do you say this?
The questioner : Before the man died, meaning he killed them while they were torturing him in this scenario.
The Shaykh : Do not repeat the words. Answer the question.
The questioner : Okay, my Shaykh...
The Shaykh : Answer the question. I do not want to hear anything. Neither I nor anyone else is asking you. It is a question, answer it. This wounded man is in one of two states. The first state is that he died because of their torture, so that Muslim killed them. The second state is that he killed them and then he died.
The questioner : Which scenario is it in the question?
The questioner : No, O Shaykh, I understand. I have the answer. Your answer, pardon, the answer I am giving you is present, except that they cut something from this person's body that he cannot live without, meaning he dies immediately.
The Shaykh : This is a patchwork from you.
The Shaykh : What did they do?
The questioner : They attacked a man and began cutting off the limbs of his body, yes, in a place far from people. A Muslim man who knew these three, because they are of the religion of disbelief, and who knew this man in their hands, who was a Muslim, passed by. The man was armed, meaning he had a pistol. When he saw them in this state, and they were cutting the man open, until they reached the point of cutting off his last foot and putting salt on it to torture him more, this man thought, "If I kill these people, am I sinful before Allah?" Then he thought about it further, and it became clear to him that he should kill them. So he took the pistol and killed the three. As for this man, the Muslim who was in their hands, he died, of course, from the effects of the torture. Is there any sin on this man who killed the three disbelievers?
The Shaykh : If it is as you describe, meaning that he judged for himself, exercised independent legal reasoning, and so on, and killed these three disbelievers who were attacking the Muslim, then he has no sin on him.
The questioner : May Allah reward you with good.
The questioner : Shaykh, if this man came and they had already finished killing him? Does he do the same thing?
The Shaykh : How do you mean?
The questioner : He came...
The Shaykh : What is the difference between your question and his question?
The questioner : There is a difference, as it seems to me. The difference is that in the first scenario, he saw them torturing him in the manner described by my brother Abu Ahmad, and in the other scenario, they had finished killing him... So now, this is among the attributes of the ruler.
The Shaykh : In the first scenario, it is not within the ruler's jurisdiction?
The questioner : In the first scenario, he was compelled to intervene, perhaps to save him, as they were currently torturing him. In the other scenario, they had finished killing him.
The Shaykh : By Allah, we heard the question and the answer. What I understood from his question is that the result of the torture was his death?
The questioner : After he killed them, he died, meaning he killed them...
The Shaykh : No, I understood that the torture of the three for him was the cause of his death, so he killed them...
The questioner : ...
The Shaykh : Wait, understand what I am saying. What I understood from you is that they took him, tortured him, cut him open, put salt on him, and I don't know what else, and that was the cause of his death, so he killed them.
The questioner : I do not know this detail, O Shaykh. As for after he killed the three, he saw that this Muslim man was dead. But during the time he started killing them, I do not know if he was dead or alive...
The Shaykh : In that case, this difference applies, and consequently, the ruling differs. In the first scenario, it is not permissible for him to kill them.
The questioner : As long as the man is alive.
The Shaykh : Because they did not kill him. I understood that they killed him. And this scenario is permissible because... Do you agree with this... Finally, you are saying that his killing of these three was before the man died because of them. Do you say this?
The questioner : Before the man died, meaning he killed them while they were torturing him in this scenario.
The Shaykh : Do not repeat the words. Answer the question.
The questioner : Okay, my Shaykh...
The Shaykh : Answer the question. I do not want to hear anything. Neither I nor anyone else is asking you. It is a question, answer it. This wounded man is in one of two states. The first state is that he died because of their torture, so that Muslim killed them. The second state is that he killed them and then he died.
The questioner : Which scenario is it in the question?
The questioner : No, O Shaykh, I understand. I have the answer. Your answer, pardon, the answer I am giving you is present, except that they cut something from this person's body that he cannot live without, meaning he dies immediately.
The Shaykh : This is a patchwork from you.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.