Is there a hadith stating that if a group agrees to kill, they are all punished?
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The questioner : ...
The Shaykh : Yes, it is derived from this hadith that if a group agrees, even if they do not all directly commit the act, the ruling for them is the same.
For this reason, the jurists (may Allah have mercy on them) said: The group is killed for one person. By which two conditions?
If they conspire to do so, or if the act of each one is sufficient for the killing, then the group is killed for one person. Do you understand, Mansur?
If they conspire, even if the others do not directly commit the killing.
The second condition: Or if the act of each one is sufficient for the killing, even if each one does not know about the other. For example, if two people throw a person with lethal stones, but neither knows about the other, and each one only threw a stone that killed him, then here the two men are killed.
Or if they conspire, even if the other does not directly commit the killing, then they are killed. If one of them says to the other: "Let us go and kill so-and-so," and they go and kill him, then both are killed, even if only one of them directly committed the killing.
And likewise the lookout who serves as a watchman for the killers. What does it mean to be a watchman for them?
It means he watches the place so that no one comes, and he is killed.
So the rule is that the group is killed for one person if they conspire to do so, or if the act of each one is sufficient for the killing. If the act of each one is not sufficient for the killing and they did not conspire, then each one of them is punished according to what his action warrants.
For this reason, the scholars said: If a man holds a person and another kills him, then the killer is killed and the one who held him is imprisoned until he dies, because the one who held him did not kill and did not conspire.
We stop at: The chapter on what occurs of impurities.
The Shaykh : Yes, it is derived from this hadith that if a group agrees, even if they do not all directly commit the act, the ruling for them is the same.
For this reason, the jurists (may Allah have mercy on them) said: The group is killed for one person. By which two conditions?
If they conspire to do so, or if the act of each one is sufficient for the killing, then the group is killed for one person. Do you understand, Mansur?
If they conspire, even if the others do not directly commit the killing.
The second condition: Or if the act of each one is sufficient for the killing, even if each one does not know about the other. For example, if two people throw a person with lethal stones, but neither knows about the other, and each one only threw a stone that killed him, then here the two men are killed.
Or if they conspire, even if the other does not directly commit the killing, then they are killed. If one of them says to the other: "Let us go and kill so-and-so," and they go and kill him, then both are killed, even if only one of them directly committed the killing.
And likewise the lookout who serves as a watchman for the killers. What does it mean to be a watchman for them?
It means he watches the place so that no one comes, and he is killed.
So the rule is that the group is killed for one person if they conspire to do so, or if the act of each one is sufficient for the killing. If the act of each one is not sufficient for the killing and they did not conspire, then each one of them is punished according to what his action warrants.
For this reason, the scholars said: If a man holds a person and another kills him, then the killer is killed and the one who held him is imprisoned until he dies, because the one who held him did not kill and did not conspire.
We stop at: The chapter on what occurs of impurities.
