What is the ruling on backbiting an open sinner?

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The questioner : May the peace and mercy of Allah be upon you, O honorable Shaykh.

The Shaykh : And upon you be peace and the mercy of Allah.

The questioner : In some questions: What is the ruling on backbiting an open sinner?

The Shaykh : Yes, this is a question; I say that I consider this a question.

The questioner : The second question.

The Shaykh : There is nothing but a question, my brothers.
Backbiting an open sinner is forbidden, because the open sinner is among the believers, and it is not permissible for a person to violate the honor of his Muslim brother. The evidence that the open sinner is among the believers is the saying of Allah (Blessed and Exalted is He):

O you who have believed, prescribed for you is legal retribution for those murdered - the free for the free, the slave for the slave, and the female for the female. But whoever overlooks from his brother anything, then there should be a suitable follow-up and payment to him with good conduct

يَا أَيُّهَا الَّذِينَ آمَنُوا كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالْأُنْثَى بِالْأُنْثَى فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَاءٌ إِلَيْهِ بِإِحْسَانٍ

[Al-Baqarah 2:178]

Who is meant by "his brother"?

The questioner : The killer.

The Shaykh : No, the one meant by "his brother" is the one who was killed:

But whoever overlooks from his brother anything

فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ

[Al-Baqarah 2:178]

and it was forgiven for the killer by his brother who was killed. It is well known that the killer has committed a major sin among the great major sins about which Allah said:

But whoever kills a believer intentionally - his recompense is Hell, wherein he will abide eternally, and Allah has become angry with him and has cursed him and has prepared for him a great punishment.

وَمَنْ يَقْتُلْ مُؤْمِناً مُتَعَمِّداً فَجَزَاؤُهُ جَهَنَّمُ خَالِداً فِيهَا وَغَضِبَ اللَّهُ عَلَيْهِ وَلَعَنَهُ وَأَعَدَّ لَهُ عَذَاباً عَظِيماً

[An-Nisa 4:93]

And the Exalted said regarding the two warring factions:

And if two factions among the believers should fight, then make settlement between the two

وَإِنْ طَائِفَتَانِ مِنَ الْمُؤْمِنِينَ اقْتَتَلُوا فَأَصْلِحُوا بَيْنَهُمَا

[Al-Hujurat 49:9]

until He said:

But if one of them oppresses the other, then fight against the one that oppresses until it returns to the ordinance of Allah

فَإِنْ بَغَتْ إِحْدَاهُمَا عَلَى الْأُخْرَى فَقَاتِلُوا الَّتِي تَبْغِي حَتَّى تَفِيءَ إِلَى أَمْرِ اللَّهِ

[Al-Hujurat 49:9]

until He said:

The believers are but brothers, so make settlement between your brothers

إِنَّمَا الْمُؤْمِنُونَ إِخْوَةٌ فَأَصْلِحُوا بَيْنَ أَخَوَيْكُمْ

[Al-Hujurat 49:10]

It is well known that the warring of believers against one another is disbelief, as the Messenger of Allah (peace and blessings be upon him and his family) said:

Abusing a Muslim is an outrage and fighting against him is unbelief

سباب المسلم فسوق وقتاله كفر

Sahih Muslim 64a

And if it becomes clear that the open sinner has not exited from faith, even if his faith is deficient, then it is not permissible to backbite him except if there is a benefit in doing so. If there is a benefit in this, then there is no harm; for example, one might say: So-and-so does such and such, as a warning against what he did. And if there is no benefit in that, then the original ruling is that his honor is protected, because he is among the believers, and Allah the Exalted said:

or backbite each other. Would one of you like to eat the flesh of his brother when dead? You would detest it.

وَلا يَغْتَبْ بَعْضُكُمْ بَعْضاً أَيُحِبُّ أَحَدُكُمْ أَنْ يَأْكُلَ لَحْمَ أَخِيهِ مَيْتاً فَكَرِهْتُمُوهُ

[Al-Hujurat 49:12]

Source alathar.net

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

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