Is the killer killed by the same means by which he killed, or is he killed by the sword?
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The Shaykh : He asks, saying: Is the killer killed by the same means by which he killed, or is he killed by the sword?
The answer: He is killed by the same means by which he killed, because the Prophet (peace and blessings be upon him) crushed the head of the Jew between two stones because he had crushed the head of the girl between two stones. And Allah the Exalted said:[Al-Baqarah 2:194] However, the scholars have excluded cases where the means itself is forbidden in its essence, in which case no retaliation is carried out. They said: If a man commits sodomy with a small child, knowing that this act will kill him, and then the child dies because of this, do we appoint a man to commit sodomy with him? No, we do not do that. Some scholars said: We do not do this, as it is known that sodomy is forbidden in its essence, but we insert a wooden stick into his anus until he dies. This has a point of view, but in my opinion, there is a consideration against it, because the stick causes more pain than sodomy, so retaliation is not possible.
The answer: He is killed by the same means by which he killed, because the Prophet (peace and blessings be upon him) crushed the head of the Jew between two stones because he had crushed the head of the girl between two stones. And Allah the Exalted said:
