If one is coerced into committing unlawful sexual intercourse and refuses, then is killed, does he commit a sin?
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The questioner : This is a man who was coerced into committing unlawful sexual intercourse, but he refused and did not consent, so he was killed. Does any sin reach him in that?
The Shaykh : And what do you say? A man says, "I was coerced into committing unlawful sexual intercourse, so I refused and was killed. Does he become sinful?"
The questioner : He does not become sinful.
The Shaykh : Okay, which is greater: killing the soul or unlawful sexual intercourse?
The questioner : Killing the soul.
The Shaykh : Killing the soul is greater.
The questioner : If the one being coerced is a married man?
The Shaykh : He kills him, whether he is a married man or a young man, saying, "Commit unlawful sexual intercourse with this woman, or I will kill you?" He says, "I will not commit unlawful sexual intercourse." It is as if 'Abd al-Rahman has a good point of view, saying that if he is a married man, he will be killed in any case, so he must refrain, because he gains nothing from this, meaning he gains nothing from unlawful sexual intercourse based on the school of thought that the coerced person is subject to the hadd punishment. Look, I do not know, by Allah, is this a shot from one who does not aim, or? From one who aims? Okay, a good observation. He says that if the one being coerced is a married man, he refrains, because according to the school of thought, based on the obligation of the hadd punishment on the coerced person if he commits unlawful sexual intercourse, he would be stoned, and if he refrains, he is killed, and he is safe from sin.
Okay, but if he is not a married man, does he commit unlawful sexual intercourse? By Allah, in any case, it requires reflection, but if he is killed for this reason, he is a martyr. We will call the mu'adhdhin. And Allah knows best.
The Shaykh : And what do you say? A man says, "I was coerced into committing unlawful sexual intercourse, so I refused and was killed. Does he become sinful?"
The questioner : He does not become sinful.
The Shaykh : Okay, which is greater: killing the soul or unlawful sexual intercourse?
The questioner : Killing the soul.
The Shaykh : Killing the soul is greater.
The questioner : If the one being coerced is a married man?
The Shaykh : He kills him, whether he is a married man or a young man, saying, "Commit unlawful sexual intercourse with this woman, or I will kill you?" He says, "I will not commit unlawful sexual intercourse." It is as if 'Abd al-Rahman has a good point of view, saying that if he is a married man, he will be killed in any case, so he must refrain, because he gains nothing from this, meaning he gains nothing from unlawful sexual intercourse based on the school of thought that the coerced person is subject to the hadd punishment. Look, I do not know, by Allah, is this a shot from one who does not aim, or? From one who aims? Okay, a good observation. He says that if the one being coerced is a married man, he refrains, because according to the school of thought, based on the obligation of the hadd punishment on the coerced person if he commits unlawful sexual intercourse, he would be stoned, and if he refrains, he is killed, and he is safe from sin.
Okay, but if he is not a married man, does he commit unlawful sexual intercourse? By Allah, in any case, it requires reflection, but if he is killed for this reason, he is a martyr. We will call the mu'adhdhin. And Allah knows best.