Benefits of the Hadith: (… from Sahl ibn Sa'd that a man peered through a hole in the house of the Prophet (peace and blessings be upon him) while the Prophet (peace and blessings be upon him) was scratching
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The Shaykh : And in this is the strictness of the Messenger (peace and blessings be upon him) regarding a person peering into the home of another, because we know that the Prophet (peace and blessings be upon him) was the gentlest of people [Ali 'Imran 3:159] he was the gentlest of them in heart and tongue, may Allah's prayers and peace be upon him, and yet he said: Sahih al-Bukhari 5924 This is a severe statement because his action was severe. People did not install doors except to protect their homes, and the Shari'ah did not establish seeking permission except for the sake of the eyes, so that people do not see what they have concealed in their homes [Al-Mursalat 77:25-26] Therefore, if you see a man peering at you through the crack of the door, you may rise quietly, walking on the tips of your toes, yes, and take an iron rod, yes, and aim it at his eye to crush his eye. Now, if you did not tell him to get lost? Yes, there is no need to warn him, immediately, but you gouge out his eye.
The questioner : … his eye.
The Shaykh : Yes? And you mean the eye, why? Because this falls under the category of discretionary punishment (ta'zir) and not under the category of repelling an aggressor. This is a crime and this is a punishment; it is not repelling an aggressor. In the case of an aggressor, you must repel him with the easiest means, but this is not that; this is a matter of punishment. Therefore, it is permissible for you to ambush him and then gouge out his eye.
Now, what if he sues you before the judge?
The questioner : ... .
The Shaykh : The judge says: This is an eye that committed treachery, so it became cheap; it is void and has no value.
Now, if the door is open, and a person passes by the door while it is open, and sees that the house is beautiful and has things in it, and he stops to look around, do we have the right to gouge out his eye? No, it is not permissible to gouge out his eye, because we are the ones who voided the protection of our home by opening the door. Clear? Now. Yes? Yes.
So by mercy from Allah, [O Muhammad], you were lenient with them.
فَبِما رَحمَةٍ مِنَ اللَّهِ لِنتَ لَهُمIf I had known you had been looking, then I would have pierced your eye with that instrument
لو علمت أنك تنظر لطعنت بها في عينك(25) Have We not made the earth a container (26) Of the living and the dead?
أَلَم نَجعَلِ الأَرضَ كِفاتًا * أَحياءً وَأَمواتًاThe questioner : … his eye.
The Shaykh : Yes? And you mean the eye, why? Because this falls under the category of discretionary punishment (ta'zir) and not under the category of repelling an aggressor. This is a crime and this is a punishment; it is not repelling an aggressor. In the case of an aggressor, you must repel him with the easiest means, but this is not that; this is a matter of punishment. Therefore, it is permissible for you to ambush him and then gouge out his eye.
Now, what if he sues you before the judge?
The questioner : ... .
The Shaykh : The judge says: This is an eye that committed treachery, so it became cheap; it is void and has no value.
Now, if the door is open, and a person passes by the door while it is open, and sees that the house is beautiful and has things in it, and he stops to look around, do we have the right to gouge out his eye? No, it is not permissible to gouge out his eye, because we are the ones who voided the protection of our home by opening the door. Clear? Now. Yes? Yes.