If someone were a target of bodily harm, or his money was a target, or his women, and thus he fought defensively and killed someone, he does not have to pay anything.
Explanation: The one who assaults someone unjustly is committing a sin. Allaah said in verse 194 of Soorat Al-Baqarah:
فَمَنِ اعْتَدَىٰ عَلَيْكُمْ فَاعْتَدُوا عَلَيْهِ بِمِثْلِ مَا اعْتَدَىٰ عَلَيْكُمْ
Which means: “If someone attacks you unjustly, you are entitled to defend yourself.”
Al-Bukhaariyy narrated from the Prophet ﷺ that he said, which means, “Support your brother, whether he is just or unjust.” Then the Prophet ﷺ clarified what he meant by the second part of the hadith by saying, “You support him by preventing him from committing injustice.”
If a Muslim is attacked unjustly by another person, whether the attacker wants to kill him, inflct bodily harm, violate his women or family member, or take his belongings (even if the value is very small), he has a right to defend himself, family, and property against the attacker and if he kills the attacker in this case, no compensation or expiation is due on him and he is not punished. Such is the case, whether the attacker is Muslim or non-Muslim, sane or insane, pubescent or non-pubescent, or relative or non-relative. Also, if one is attacked by an animal and he kills or damages the animal, no compensation is due on him.
If the Muslim is killed while he is defending himself, his family, or his property, he is considered a martyr. This is so because Abu Daawud narrated from the Prophet ﷺ that he said:
من قتل دون دمه فهو شهيد و من قتل دون ماله فهو شهيد و من قتل دون أهله فهو شهيد
Which means: “The one who is killed in defending himself from being killed is a martyr, and the one who is killed in defending his money is a martyr, and the one who is killed in defending his wife (his family) is a martyr.”
It is not an obligation upon him to defend his property that does not have a soul in it; like his money, for example, because in the first place, he can give it to someone else and he doesn’t have to fight for that. As for preventing the violation of his women, for example, he has to defend them if he’s able because there is no way to give her to someone else. This is whether the female is his family member or not.
One is also obligated to defend himself if a non-Muslim attacks him to kill him or cause him bodily injury. In the case of the Muslim: if a Muslim attacks him, even to kill him, it is not an obligation upon him to fight back to defend himself. It is permissible to surrender in this case. Abu Daawud narrated from the Prophet ﷺ that he said:
كن خير ابني آدم
Which means: “Be like the good one among the two sons of Adam.”
This is in reference to Qabeel and Habeel. Qabeel (Cain) killed his brother and Habeel (Abel) didn’t defend himself. Also, our master ^Uthmaan didn’t defend himself when the rebels went to kill him.
If a Muslim is attacked by another Muslim and he defends himself against the attacker, he must do that by causing the least harm that he can to the Muslim attacker. He must exert the least amount of force that would stop the Muslim attacker by causing the least amount of harm to him. If he can stop him by just talking to him or seeking help from others, he is not permitted to hit him. If he can stop him by hitting him with his hand, then it is not permissible to hit him with a whip. If he can stop him by hitting him with a whip, it is not permissible to hit him with a strong stick. If he can stop him by using a stick, it is not permissible to cut off one of his organs. If he can stop him by cutting off one of his organs, then it is prohibited to kill him. There is no necessity to use the more severe way if there is a less severe way to protect oneself. If he doesn’t follow this order and he uses the more excessive force first while he could have used less force to stop the Muslim attacker, he is sinful and he has to compensate that Muslim attacker for any damages. Following the same logic, if the person can protect oneself, family, or money by running away or seeking shelter, a group of people, or the like, he has to do that and it is prohibited for him to fight in this case.
And Allaah Knows best.
