Ruling on the Hajj of one who killed a soul before reaching puberty
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Another message also arrived from Sudan, sent by one of the brothers, (H. M. J). Our brother is asking about a close friend—so he describes him—and says: He killed a soul when he was twelve years old. After he reached the age of maturity, he became a believing, pious man who prayed, fasted, and performed all the obligatory duties. When he wanted to perform the obligatory Hajj, he asked some knowledgeable people, and they told him: One who kills a soul is not permitted to perform the obligation. Please inform us, may Allah increase you in knowledge?
Answer: This answer is wrong, and this fatwa is wrong. We ask Allah for safety. This man who killed while young, before being held accountable, owes nothing; because of the saying of the Prophet (peace and blessings be upon him): The pen is lifted from three:Al-Mustadrak lil-Hakim 20:222 But the blood money is upon the 'aqilah if he has an 'aqilah, meaning: wealthy male relatives who are responsible for the blood money for the victim. As for him, he does not owe an expiation; because he is not held accountable. Rather, the blood money is upon the 'aqilah; because the intentional killing by a child and the intentional killing by a madman are ruled as accidental killing, and the blood money for accidental killing is upon the 'aqilah, who are the male relatives, as that came from the Prophet (peace and blessings be upon him). His Hajj is valid, whether it is before the 'aqilah pays the blood money or after it. His Hajj is not contingent upon paying the blood money. Rather, his Hajj is valid if he fulfills what Allah has prescribed for him. The 'aqilah is demanded to pay the blood money, and he owes no expiation; because he was not among those held accountable at that time, neither by fasting nor by freeing a slave. Yes.
The presenter: If a twelve-year-old in some countries has reached the status of men—Your Eminence—does the ruling change?
The Shaykh: The ruling regarding puberty: if he reached it by semen, meaning: by the emission of semen, or by the growth of hair, which is the coarse hair around the private parts, then he has the ruling of men... the ruling of those held accountable. So if at the time of the killing he had a wet dream, meaning: he emitted semen through desire in the night or in the day, in a wet dream or otherwise, or he grew the known hair, which is the hair, the known pubic hair at the private parts, the known coarse hair, then according to the correct opinion, he becomes an adult by that. Or he completed fifteen years. This is if he did not complete fifteen years. Yes.
The presenter: So the ruling in that case, assuming he reached the status of men...
Answer: If he had reached puberty, then upon him is freeing a slave if he is able, otherwise fasting two consecutive months for the killing if it was accidental. As for if it was intentional, then he owes nothing except the blood money or retaliation. If it was intentional and he was held accountable, then the people of the victim have the choice between retaliation, the blood money, or pardon. If they demand retaliation, then this is up to the one in authority to give them retaliation if its conditions are met in the court. If they demand the blood money, they are given the blood money from his wealth; because he was intentional. If they pardon, then the reward is for them. There is no expiation for intentional killing; the expiation is for accidental killing. As for if he intended... the expiation, but upon him is repentance. Haste in repenting to Allah and regretting what passed from him; because killing is a great crime, and a great major sin. So upon him is repentance to Allah, turning back, and sadness over what happened from him, and the resolve not to return to it. And upon him is to enable the heirs of the victim to take their right of retaliation or the blood money. Yes.
The presenter: And may Allah bless you. In that case, is he also obligated to perform the obligations like the obligation of Hajj?
The Shaykh: Yes, it has no connection to this. He must perform the Hajj and fast Ramadan and other of the ordinances, and they have no connection to this crime. Yes.
The presenter: So the fatwa of those people is wrong, whether it was intentional or accidental.
The Shaykh: A great error.
The presenter: May Allah reward you with good.
The Shaykh: Whether he was an adult or not an adult.
The presenter: May Allah reward you.
Answer: This answer is wrong, and this fatwa is wrong. We ask Allah for safety. This man who killed while young, before being held accountable, owes nothing; because of the saying of the Prophet (peace and blessings be upon him): The pen is lifted from three:
From the child until he reaches puberty, and from the insane until he regains his senses, and from the sleeper until he wakes up
عن الصبي حتى يبلغ، وعن المعتوه حتى يفيق، وعن النائم حتى يستيقظThe presenter: If a twelve-year-old in some countries has reached the status of men—Your Eminence—does the ruling change?
The Shaykh: The ruling regarding puberty: if he reached it by semen, meaning: by the emission of semen, or by the growth of hair, which is the coarse hair around the private parts, then he has the ruling of men... the ruling of those held accountable. So if at the time of the killing he had a wet dream, meaning: he emitted semen through desire in the night or in the day, in a wet dream or otherwise, or he grew the known hair, which is the hair, the known pubic hair at the private parts, the known coarse hair, then according to the correct opinion, he becomes an adult by that. Or he completed fifteen years. This is if he did not complete fifteen years. Yes.
The presenter: So the ruling in that case, assuming he reached the status of men...
Answer: If he had reached puberty, then upon him is freeing a slave if he is able, otherwise fasting two consecutive months for the killing if it was accidental. As for if it was intentional, then he owes nothing except the blood money or retaliation. If it was intentional and he was held accountable, then the people of the victim have the choice between retaliation, the blood money, or pardon. If they demand retaliation, then this is up to the one in authority to give them retaliation if its conditions are met in the court. If they demand the blood money, they are given the blood money from his wealth; because he was intentional. If they pardon, then the reward is for them. There is no expiation for intentional killing; the expiation is for accidental killing. As for if he intended... the expiation, but upon him is repentance. Haste in repenting to Allah and regretting what passed from him; because killing is a great crime, and a great major sin. So upon him is repentance to Allah, turning back, and sadness over what happened from him, and the resolve not to return to it. And upon him is to enable the heirs of the victim to take their right of retaliation or the blood money. Yes.
The presenter: And may Allah bless you. In that case, is he also obligated to perform the obligations like the obligation of Hajj?
The Shaykh: Yes, it has no connection to this. He must perform the Hajj and fast Ramadan and other of the ordinances, and they have no connection to this crime. Yes.
The presenter: So the fatwa of those people is wrong, whether it was intentional or accidental.
The Shaykh: A great error.
The presenter: May Allah reward you with good.
The Shaykh: Whether he was an adult or not an adult.
The presenter: May Allah reward you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.