Three disbelievers attacked a Muslim man and tortured him until he died, then a Muslim man passed by them and killed the three. Does he commit a sin for that?
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The questioner : Peace be upon you
The Shaykh : Peace be upon you, and Allah's mercy and blessings.
The questioner : Our Shaykh, 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.
The Shaykh : They attacked.
The questioner : Yes, and they began cutting off the limbs of the man, yes, in a place far from people. A Muslim man passed by who knew these three because they are from the religion of disbelief, and he knew this Muslim man who was in their hands. 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 from below and putting salt on it, yes, to torture him more. So this man thought, if I kill these, am I sinful before Allah? He thought until the last thing, then it became clear to him that I want to 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 effect of the torture. Does this man who killed the three disbelievers have a sin on him?
The questioner: Peace be upon you.
The Shaykh : And upon you be peace, and Allah's mercy and blessings. If it is in the form you are presenting, meaning that he judged himself and exerted effort, and so on, and killed the three disbelievers who were the aggressors against the Muslim, then he has no sin on him.
The questioner : May Allah reward you with good.
The Shaykh: O Allah, O Generous One.
The questioner : If this man came and they had finished killing him? Does he do the same deed?
The Shaykh : How do you mean?
The questioner : Meaning he came.
The Shaykh : What is the difference between your question and his question?
The questioner : There is a difference, as it appears to me.
The Shaykh : I am not asking you if there is a difference or if there is no difference.
The questioner : The difference is that in the first scenario, he saw them torturing him in the manner mentioned by the brother Abu Ahmad, and in the other scenario, they had finished killing him. So now, he would be taking on the role of the ruler. This is one of the attributes of the ruler.
The Shaykh : In the first scenario, it is not the jurisdiction of the ruler?
The questioner : In the first scenario, this is a situation where he was compelled to intervene; he had to step in, perhaps to save him, as they were about to torture him. And in the other scenario, they had finished killing him.
The Shaykh : By Allah, we heard the question and the answer.
The questioner : My Shaykh, the microphones are not present except for one person.
The Shaykh : What I understood from his question is that the result of the torture was his death?
The questioner : But after he killed them.
The Shaykh : Huh?
The questioner : After he killed them, he died, meaning he killed them while the man was still alive.
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 : Yes, yes, yes.
The questioner : After the death of the man?
The questioner : NoThe Shaykh : He says.
The Shaykh : No, I do not understand what he is saying. What I understood from you is that they took him and tortured him and cut him open and put salt on him, and I do not know what else, and so on, and that was the cause of his death, so he killed them.
The questioner: Peace be upon you.
The Shaykh: And upon you peace.
The questioner : In detail, I do not know, my Shaykh. What I know is that after he killed the three, he saw that this Muslim man was dead. But during the start of the killing, I did not know whether he was dead or alive.
The Shaykh : So here, if this difference comes, and the ruling differs as a result, 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 the matter is clear.
The questioner : My Shaykh, they are cutting off.
The Shaykh : Wait a moment. Do you agree with this correction that you are saying that his killing of these three was before the man died because of them?
The questioner: Yes.
The Shaykh : Do you say this?
The questioner : Before the man died, and he killed them while they were torturing him in this scenario.
The questioner : He saw the thing.
The Shaykh : Do not repeat the words, answer the question.
The questioner : My Shaykh, if you listen to me now, I want to tell you.
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 questioner: Yes.
The Shaykh : 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, my Shaykh, I understand. I have your answer. Excuse me, the answer I am giving you is that they cut off a part of this person's body that he cannot live without, meaning he dies immediately.
The Shaykh : This is a patch from you now.
The questioner : No, my Shaykh.
The Shaykh : By Allah, it is a patch.
The Shaykh : Peace be upon you, and Allah's mercy and blessings.
The questioner : Our Shaykh, 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.
The Shaykh : They attacked.
The questioner : Yes, and they began cutting off the limbs of the man, yes, in a place far from people. A Muslim man passed by who knew these three because they are from the religion of disbelief, and he knew this Muslim man who was in their hands. 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 from below and putting salt on it, yes, to torture him more. So this man thought, if I kill these, am I sinful before Allah? He thought until the last thing, then it became clear to him that I want to 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 effect of the torture. Does this man who killed the three disbelievers have a sin on him?
The questioner: Peace be upon you.
The Shaykh : And upon you be peace, and Allah's mercy and blessings. If it is in the form you are presenting, meaning that he judged himself and exerted effort, and so on, and killed the three disbelievers who were the aggressors against the Muslim, then he has no sin on him.
The questioner : May Allah reward you with good.
The Shaykh: O Allah, O Generous One.
The questioner : If this man came and they had finished killing him? Does he do the same deed?
The Shaykh : How do you mean?
The questioner : Meaning he came.
The Shaykh : What is the difference between your question and his question?
The questioner : There is a difference, as it appears to me.
The Shaykh : I am not asking you if there is a difference or if there is no difference.
The questioner : The difference is that in the first scenario, he saw them torturing him in the manner mentioned by the brother Abu Ahmad, and in the other scenario, they had finished killing him. So now, he would be taking on the role of the ruler. This is one of the attributes of the ruler.
The Shaykh : In the first scenario, it is not the jurisdiction of the ruler?
The questioner : In the first scenario, this is a situation where he was compelled to intervene; he had to step in, perhaps to save him, as they were about to torture him. And in the other scenario, they had finished killing him.
The Shaykh : By Allah, we heard the question and the answer.
The questioner : My Shaykh, the microphones are not present except for one person.
The Shaykh : What I understood from his question is that the result of the torture was his death?
The questioner : But after he killed them.
The Shaykh : Huh?
The questioner : After he killed them, he died, meaning he killed them while the man was still alive.
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 : Yes, yes, yes.
The questioner : After the death of the man?
The questioner : NoThe Shaykh : He says.
The Shaykh : No, I do not understand what he is saying. What I understood from you is that they took him and tortured him and cut him open and put salt on him, and I do not know what else, and so on, and that was the cause of his death, so he killed them.
The questioner: Peace be upon you.
The Shaykh: And upon you peace.
The questioner : In detail, I do not know, my Shaykh. What I know is that after he killed the three, he saw that this Muslim man was dead. But during the start of the killing, I did not know whether he was dead or alive.
The Shaykh : So here, if this difference comes, and the ruling differs as a result, 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 the matter is clear.
The questioner : My Shaykh, they are cutting off.
The Shaykh : Wait a moment. Do you agree with this correction that you are saying that his killing of these three was before the man died because of them?
The questioner: Yes.
The Shaykh : Do you say this?
The questioner : Before the man died, and he killed them while they were torturing him in this scenario.
The questioner : He saw the thing.
The Shaykh : Do not repeat the words, answer the question.
The questioner : My Shaykh, if you listen to me now, I want to tell you.
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 questioner: Yes.
The Shaykh : 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, my Shaykh, I understand. I have your answer. Excuse me, the answer I am giving you is that they cut off a part of this person's body that he cannot live without, meaning he dies immediately.
The Shaykh : This is a patch from you now.
The questioner : No, my Shaykh.
The Shaykh : By Allah, it is a patch.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.