Hadith 3381

(1) His statement: “If I found a man,” etc. Allamah al-Ayni said in Umdat al-Qari: It is understood from Sa‘d ibn Ubadah’s words (may Allah be pleased with him) that if this happened to him, he would kill the man. For this reason, when it reached the Prophet (ﷺ), he did not prohibit him from it. Al-Dawudi said: His statement: “Are you amazed at Sa‘d’s zeal?” indicates that he praised and permitted it for him in his relationship with Allah. Zeal is among the most praiseworthy qualities, and one who lacks it is not of commendable character. Our companions elaborated on this, saying: If a man finds someone with his wife or slave girl intending to overpower and commit adultery with her, he may kill him. If he sees him with his wife or a close relative who consents to it, he kills both the man and the woman. Some prohibited this outright. There is disagreement on the ruling. The majority said he is subject to retaliation. Ahmad and Ishaq said: If he provides evidence that he found him with his wife, his blood is spared. Al-Shafi‘i said: It is permissible for him in his relationship with Allah to kill the man if he is married and knows he committed an act requiring purification, but retaliation is not lifted in the apparent ruling. Al-Muhallab said: The hadith indicates that retaliation is obligatory for one who kills a man he found with his wife, as Allah, though more zealous than His servants, required witnesses for punishments. No one may transgress Allah’s limits, and no blood is spared by mere claim. In summary, according to Badr al-Majhud: One who kills a man he found committing adultery with his wife, the majority say he is subject to retaliation unless he provides evidence or the heirs of the killed confess. In his relationship with Allah, if he is truthful, he faces no consequence.