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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Does the killer and the killed become disbelievers?

Machine translationRead the Arabic original
The Shaykh : If someone asks, "Does the killer or the killed become a disbeliever?" the answer is: No, neither of them becomes a disbeliever, contrary to the position of the Khawarij (an early sect that declared sinners disbelievers). The evidence for their not being disbelievers is the saying of Allah the Exalted:
O you who have believed, prescribed for you is legal retribution for those murdered يا أيها الذين آمنوا كتب عليكم القصاص في القتلى
[Al-Baqarah 2:178]
up to His saying:
But whoever overlooks from his brother anything فمن عفي له من أخيه شيء
[Al-Baqarah 2:178]
Thus, He made the one who kills intentionally a brother to the one who was killed. Yes.

The questioner : ... .

The Shaykh : Regarding the Sacred Precinct, some scholars made an exception, saying:
and [also] whoever intends [a deed] therein of deviation [in religion] or wrongdoing ومن يرد فيه بإلحاد بظلم
[Al-Hajj 22:25]
I have not found this issue settled in my view
whoever intends [a deed] therein of deviation ومن يرد فيه بإلحاد
[Al-Hajj 22:25]
that the intended meaning is one who intends to commit injustice, because the texts are general:
Whoever comes [on the Day of Judgement] with a good deed will have ten times the like thereof [to his credit], and whoever comes with an evil deed will not be recompensed except the like thereof من جاء بالحسنة فله عشر أمثالها ومن جاء بالسيئة فلا يجزى إلا مثلها
[Al-An'am 6:160]
This is in Surat al-An'am, which is Meccan by consensus. However, if one of the scholars said:
whoever intends [a deed] therein of deviation [in religion] or wrongdoing من يرد فيه بإلحاد بظلم
[Al-Hajj 22:25]
meaning one who combines his intention with the act of injustice, thus combining the intention with the act of injustice
We will make him taste of a painful punishment. نذقه من عذاب أليم
[Al-Hajj 22:25]
If someone asks, "What is the difference between the Sacred Precinct and other places?" we say the difference is that Allah said:
of a painful punishment. من عذاب أليم
[Al-Hajj 22:25]
the punishment will be more severe and greater, even if it does not increase in quantity, but it increases in quality.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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