What is the ruling on the use of force by a homeowner against an intruder who refuses to leave?
General Chapter
Al-Mughni
Book of Beverages (Intoxicants)
Primary text
A homeowner has the right to order an intruder, whether armed or not, to leave their dwelling because the intruder is transgressing upon private property. If the intruder leaves upon command, no physical force may be used. If the intruder refuses to leave, the owner may strike them with the mildest means known to compel departure. If the owner knows a stick suffices, striking with iron is impermissible, as iron is a lethal implement while a stick is not. If the resultant striking leads to the intruder's death, the homeowner bears no liability. If the intruder flees after being struck, further striking or pursuit is prohibited, akin to the ruling on rebels (baghi). If a disabling blow is struck, no further strikes are permitted. If a hand is cut off and the person flees, and then a leg is cut off while fleeing, the severing of the leg is liable for retaliation (qisas) or blood money (diyah), as the second act occurred during a time when striking was impermissible. If death results from the severance of the limb, half the diyah is due, similar to death resulting from two separate wounds.
Supporting text
If the homeowner strikes a disabling blow, and later, after the initial injury, strikes again, causing further damage (e.g., cutting off another limb), the resulting liability is governed by principles of cumulative injury; if the death resulted from the subsequent strike after the first disabling injury, the applicable diyah calculation is governed by established rules for multiple wounds. If the homeowner could not repel the intruder except by killing him, or feared the intruder would strike first, they are permitted to use lethal force, and any resulting damage is considered waste (darar mahdar), bearing no liability, similar to dealing with a rebel (baghi). Furthermore, the homeowner is deemed to have been compelled to the killing, treating the intruder as having killed himself.