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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The captive who used to torture the Muslims: Is it permissible for them to kill him?

Machine translationRead the Arabic original
The questioner : The captive who used to torture the Muslims: Is it permissible for them to kill him?

The Shaykh : The captive, or the captor?

The questioner : The captive, who was captured by one of the Muslims, and another Muslim saw this disbeliever, and the disbeliever was torturing the Muslim.

The Shaykh : He is torturing the Muslim, the captive is torturing the Muslim!

The questioner : Was it before the battle?

The Shaykh : Yes, he is torturing someone other than the one who captured him.

The questioner : Yes, so is it permissible for him to call a group to kill him?

The Shaykh : There is scholarly disagreement on this. Some scholars say that if he was captured by a fighter, he is under protection, while others say no, he is still a combatant, so it is permissible for the other to kill him. This may be indicated by the hadith of Bilal with his master, where he said: I will not be safe if he is safe.
Source alathar.net

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

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