If a man finds a man kissing his wife and cannot control himself and kills him, is he executed for it?
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The questioner : Shaykh, may Allah reward you. If a man finds a man kissing his wife and cannot control himself and kills him, is he executed for it?
The Shaykh : By Allah, it is possible that this is a shubhah (a doubtful matter) by which qisas (retaliation in kind) is averted. It is also possible to say no, qisas is obligatory. If he is excused by Allah, he is excused in the Hereafter, but in this world he is not excused, because he did not reach the limit that permits killing him.
The questioner : Kissing a wife is not a trivial matter.
The Shaykh : It is not trivial, but it is not like zina (unlawful sexual intercourse). It is not like zina, not even in custom, in taste, or in the Shari'ah. Yes.
The Shaykh : By Allah, it is possible that this is a shubhah (a doubtful matter) by which qisas (retaliation in kind) is averted. It is also possible to say no, qisas is obligatory. If he is excused by Allah, he is excused in the Hereafter, but in this world he is not excused, because he did not reach the limit that permits killing him.
The questioner : Kissing a wife is not a trivial matter.
The Shaykh : It is not trivial, but it is not like zina (unlawful sexual intercourse). It is not like zina, not even in custom, in taste, or in the Shari'ah. Yes.