What is the ruling on defending one's property or self against an aggressor seeking either?

General Chapter

Al-Mughni

Book of Beverages (Intoxicants)

Book 53 · Issue 1 · Bab 1

Open in Qurani

Primary text

When an aggressor seeks a person's property or life, the ruling is to repel them using the easiest possible means. If the aggressor cannot be repelled without fighting, then fighting and killing them is permissible. Ahmad ruled that one must fight to protect one's self and property from thieves intending harm. Al-Silt ibn Tarif reported that Al-Hasan stated that if one is attacked for their property, killing the attacker is permissible (the attacker goes to Hell, and the defender is a martyr if killed). This position is similar to the views held by Anas, Al-Sha'bi, and Al-Nakha'i. The permissibility is analogized to defending one's wealth, which can be surrendered, making the defense of one's self and protection from illicit acts (Fahisha) even more fitting.

Supporting text

There is a dissenting view, attributed to the Prophet's guidance during strife ('Fitna'), suggesting that if one fears being overwhelmed, they should remain in their house, cover their face, and choose to be the slain servant of Allah rather than the killer servant of Allah. The action of Uthman, who refrained from fighting despite the ability to do so when his life was sought, is also cited as evidence against obligatory fighting.