the claimant. Thus, Shaykh al-Islam’s view—may Allah have mercy on him—is correct in this matter. Society cannot be set right except through this, for how many people assault others who are secure and peaceful in their homes, known for righteousness and for not harming others. This criminal attacks such a person, and when the poor victim defends himself and kills him—because he could not be repelled except by killing him—we would then hold the victim liable?!
However, if it is possible to repel him without killing him, yet he kills him, then he is liable, because this is a case of repelling an aggressor, which must be done by the least severe means available, then the next least severe.
If he fears that the aggressor will kill him first because he is armed, may he kill him pre-emptively? Yes, he may do so. If this criminal is carrying a weapon, points it at the person he is attacking, and says, “Surrender yourself—or your family—to me, or I will kill you,” and the victim fears that, should he refuse, the criminal will kill him, then he may kill him first. This is the limit of what he is able to do; he cannot simply surrender to him and let him kill him.
If you ask, “Is it not possible that he is merely threatening him and will not actually do it?” The answer is: yes, that is possible. But he cannot be certain that the aggressor will not kill him, for the aggressor wants to save his own life: he will be killed in any case, either by this man or by the authorities, and so he will go ahead with the killing.
If someone asks, “Could the pistol in his hand not be a child’s toy?” The answer is: yes, it could be. But at that moment, he is in no position to investigate or verify the matter; he fears that if he delays even for an instant, he will be finished. This is not a matter of abstract reasoning, but of practical action. This is the least measure he is able to take. Hence, the scholars said: if he fears that the aggressor will kill him first, he may kill him pre-emptively. But if he does not fear this, then he must repel him by the least severe means available, then the next least severe.