Q:
I am a coast guard in Saudi Arabia. One day,
a smuggler wanted to bring some prohibited things into the country, so I fought with him. We fought hand to hand,
and he tried to take the gun from me. He called for the help of his accomplices who were in a boat in the sea, so they started to shoot me while I was trying to kill him (Part No. 21; Page No. 343) and he was trying to take the gun from me. When he threw me on the ground, and I saw that he will eventually overcome me, I took a dagger that I had and I stabbed him, so he died. I left him, and his accomplices carried him to the boat. Many years later, one of his accomplices told me that the man had died from this stab. What should I do in this case?I do not know him to pay the Diyah (blood money), as he is not a Saudi man.Do I have to pay Kaffarah (expiation)?I am confused about it. Whenever I remember this, I weep. Please advise, may Allah reward you.
A:
If the situation is as you mentioned, and that you could not have avoided his harm otherwise, you do not have to pay either Diyah or Kaffarah, as he is considered an aggressor, and he forced you to kill him. Thus, his blood is worthless. Allah has also asked us to preserve our souls in His saying,
...and do not throw yourselves into destruction
(Surah Al-Baqarah, 2: 195). It was also narrated in Sahih
Muslim and others, on the authority of
Abu Hurayrah (may Allah be pleased with him) that he said,
A man asked the Messenger of Allah (peace be upon him), "What should I do if a person attacks me to take my money?" He (peace be upon him) said, (Part No. 21; Page No. 344) "Do not give him (your money)." The man said, "What if he fights with me?" He (peace be upon him) said, "Fight him back." The man said, "What if he kills me?" He (peace be upon him) said, "You will be a martyr." The man said, "What if I kill him?" He (peace be upon him) said, "He will be in Hellfire."
May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.