Defending One’s Wealth against The Aggressor or Pardoning Him
Fatwa No: 415045

Question

Which is better, to protect our wealth, or be patient when someone tries to take it over wrongfully?, i mean what i know is the one who killed protecting their wealth is a martyr, but being patient when someone wronged us is a good thing too.

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.

Muslim jurists held different opinions regarding the ruling on warding off assaults against one's wealth and whether or not it is incumbent on a person to fight off the assailant. If it is not obligatory to fight off such an assailant, is it better to ward him off or refrain from doing so?

Al-Mawsoo‘ah Al-Fiqhiyyah reads:

Warding off assaults against one's wealth: According to the Hanafi scholars and the preponderant opinion of the Maaliki scholars, it is obligatory to fight off an aggressor assaulting one’s wealth, even if the wealth is not much and does not amount to the Nisaab (the minimum amount liable for Zakaah) because the Prophet, sallallaahu ‘alayhi wa sallam, said: “Fight to defend your wealth…” However, the Maaliki scholars stipulated for the obligation in this regard that taking his wealth would incur his destruction or cause a severe harm to him and that it is not obligatory to fight off such an aggressor according to the scholarly consensus otherwise.… The Shaafi‘i scholars, on the other hand, held that it is not obligatory to fight off an aggressor assaulting one’s wealth because it is permissible for the owner to give it willfully to others, unless the item of wealth in reference is a living being or that the rights of others are associated with it, such as a pawned or leased item of wealth. In this case, it is obligatory to defend it.… The Hanbali scholars held that, according to the correct opinion, a person is not obliged to fight off an aggressor assaulting his wealth, and the same applies to the wealth of others. It is also not obligatory on him to defend wealth against loss and damage because it is permissible to give it willfully to an aggressor trying to seize it unjustly. Refraining from fighting off such an aggressor is better than fighting him off. [End of Quote]

The opinion to which we are inclined is that it is better for a person to fight off an aggressor assaulting his wealth; the Prophet urged the Muslims to ward off assaults against their wealth and stated that if a person dies while defending his wealth, he is considered a martyr. It was narrated on the authority of Mukhaariq ibn Sulaym that a man came to the Prophet and said: “What if a man comes to me and wants to take my wealth?” He, sallallaahu ‘alayhi wa sallam, said: “Remind him of Allah.” He said: “What if he pays no heed?” He, sallallaahu ‘alayhi wa sallam, said: “Seek the help of the Muslims around you against him.” He said: “What if there are no Muslims around me?” He said: “Seek the help of the ruler (authorities) against him.” He said: “What if the ruler is far away from me?” He said: “Fight to defend your wealth until you either become one of the martyrs of the Hereafter or you protect your wealth (successfully).” [Sunan An-Nasaa’i]

Moreover, Abu Hurayrah narrated that a man came to the Messenger of Allah and said: “O Messenger of Allah, what if a man comes to me wanting to seize my possessions?” He said: “Do not surrender your possessions to him.” The man said: “What if he fights me?” He, sallallaahu ‘alayhi wa sallam, said: “Fight him off.” The man said: “What if he kills me?” He, sallallaahu ‘alayhi wa sallam, said: “You would be a martyr.” The man said: “What if I kill him?” He, sallallaahu ‘alayhi wa sallam, said: “He would be in Hellfire.” Muslim]

In the Quran, Allah, The Almighty, praised the brave who defend themselves against aggression. He Says (what means): {And those who, when tyranny strikes them, they defend themselves.} [Quran 42:39] This does not contradict what was narrated about urging the Muslims to pardon those who wrong them. This is explained by the statement of Ibn Al-‘Arabi in his book Ahkaam Al-Qur’aan, commenting on this verse. He said: “Allah, The Exalted, praises defending oneself against aggression and also praises pardoning people’s offences in another occasion. It is possible that one verse abrogates the other, or it may be because there are two possible scenarios in this regard:

First, if the aggressor is openly immoral, known for his boldness in sin, and harms all people, young and old, it is better to retaliate against him. Ibraaheem An-Nakha‘i said about such an aggressor: ‘It is disliked for the believers to tolerate humiliation, thus emboldening the dissolute to assault them.’

Second, if such an assault is a one-time occurrence or the aggressor confesses his sin and seeks forgiveness, then pardoning him is better.” [End of Quote]

This statement is a good, detailed account on the topic.

Allah Knows best.

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