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Defending Life and Property During a Robber’s Attack – Shar‘i Ruling

Source: Fatāwā ‘Ilmiyyah (Tawdīḥ al-Aḥkām), Vol. 2, p. 495


Question:
If a robber enters someone’s home and attempts to seize their wealth, and there is fear that if the wealth is not given, the robber may kill the homeowner — what should the homeowner do?
Is it permissible to fight the robber? And is it permissible to kill him if necessary?


Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh. Amā baʿd!


Guidance from the Sunnah


The complete and clear ruling on this matter is found in the authentic hadith:


From Abū Hurayrah رضي الله عنه:


A man came to the Messenger of Allah ﷺ and said:


“O Messenger of Allah! If a man comes to take my wealth, what should I do?”
He ﷺ replied: “Do not give him your wealth.”


The man asked: “If he fights me?”
He ﷺ replied: “Then fight him.”


He asked: “If he kills me?”
He ﷺ replied: “Then you are a martyr.”


He asked: “If I kill him?”
He ﷺ replied: “Then he is in the Fire.”


References:



  • Ṣaḥīḥ Muslim (140, Dār al-Salām 360; Eng. Trans. 1/234)
  • Ṣaḥīḥ Abī ʿAwanah (1/44, other ed. 1/39, ḥadīth 98)
  • Al-Sunan al-Kubrā by al-Bayhaqī (3/266–267, 8/335–336)

Scholarly Authentication


Imām al-Baghawī graded this hadith as authentic (ṣaḥīḥ).
(Sharḥ al-Sunnah, 10/248, ḥadīth 2563)


He further said:


“The general position of the scholars is that in such a case, the robber’s blood is without consequence (no legal retribution), and there is no punishment upon the homeowner.”
(Sharḥ al-Sunnah, 10/249, under ḥadīth 2564)


Shar‘i and Fiqh-Based Conclusion


If a robber enters one’s home to seize wealth:


The best course of action is to protect the property.
◈ If fighting becomes necessary, it is permissible to fight him.
◈ If the homeowner is killed in the process, he is a martyr (shahīd).
◈ If the robber is killed in the process, he is deserving of the Fire.


Final Ruling


◈ Defending life and property in such a situation is Shar‘i permissible and recommended.
◈ If the attacker is killed, there is no sin or liability upon the defender.
◈ This defence is not only allowed but is a source of reward in the sight of Allah.


Hādhā mā ʿindī, wallāhu aʿlam biṣ-ṣawāb.
 
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