177 - Harb ibn Isma'il al-Kirmani informed me, saying: It was said to Ahmad ibn Hanbal: A man entered the house of some people with a weapon, and they killed him? He did not answer regarding it. Then Zakariyya ibn Yahya informed me that Abu Talib narrated to them, saying: Abu 'Abd Allah [Ahmad ibn Hanbal] was asked about thieves who entered upon a man by force; should he fight them or appeal to them [to desist]? He said: "They have entered upon his sanctuary (hurma); he does not appeal to them, he fights them and defends himself against them, but he should not intend to kill." He said: "Does he strike them with the sword?" He said: "He defends himself against them with whatever he is able, by the sword or otherwise, and he does not intend to kill him." He said: "If he strikes him and kills him, there is nothing upon him." I said to him: "Does the Sultan hold no liability against him?" He said: "If the people know [it was a robbery] and he killed him in his house, there is nothing [due] from him, nothing is upon him. He is only fighting in defense of his property, his own self, and his sanctuary." He said: "If he turns away, then leave him and do not pursue him." I said to him: "If he took property and went off, should I pursue him?" He said: "If he took your property, then pursue him. The Prophet (peace and blessings of Allah be upon him) said: 'Whoever is killed in defense of his property is a martyr.' So you are seeking your property; if he throws it to you, then do not pursue him and do not strike him; let him go. But if he does not throw it to you, then you strike him while not intending to kill him—only wanting to take your possession and defend yourself—and if he dies, there is nothing upon you; because you are only fighting in defense of your property." The hadith of 'Imran ibn Husayn regarding the thief—meaning he saw no harm upon his killer—has been mentioned. He said: "And Ibn 'Umar, a thief entered [his house], so he went out running after him with a drawn sword."