190 - Abdullah ibn Ahmad ibn Hanbal informed us, he said: I asked my father about a group of thieves who waylaid travelers and were overcome, and some of them were killed, and they had offspring who were then sold. I said to my father: Is it permissible to purchase them? He replied: "It is not permissible. He should return them to whoever bought them, and if he fears that if he returns them they will be sold, he should not return them; he should set them free, for they are free people." I said to my father: Should he manumit them? He replied: "They are free people; there is no need for him to manumit them."

191 - Abu Bakr al-Khallal said: The reports from Abu Abd Allah have settled upon the following: You only fight a thief in defense of your own person and your property. As for [defending] one's sanctities (hurum), there is a hesitation in the report of Ali ibn Sa'id, while in the report of al-Maymuni, it is clear that the report is regarding one's self and property, and some say: 'and his family.' They later agreed upon his view that one should fight for one's sanctities, and he elaborated the argument for it, citing Umar and Ibn Umar. Regarding fighting on behalf of one's neighbor or one's companions, they agreed upon his view that one should not fight with the sword in aiding one's neighbor or companions. As for Muhammad ibn Yahya, he mentioned that the saying, 'Whoever is killed in defense of his neighbor,' is not authentic. Ahmad ibn al-Hasan elaborated the issue, stating: He said, 'It has not been made permissible for you to kill him for the property of another; it has only been made permissible for you for your own self and your property.' As for killing him, they have reached a consensus in his view that when one fights him, he should not intend to kill him, and that if he kills him while defending himself, Allah will distance him [from the fire]. A group of scholars elaborated this issue from him, and Ayyub ibn Ishaq clarified it, stating: Whoever is seized by force, the hadd punishment is established against him. However, if he has exhausted him with fighting and wounding [184], he should not repeat the attack, nor should he finish him off, nor should he kill him if he has taken him captive, nor does he establish the hadd punishment against him, for that is for the Imam. As for following him when he retreats, he said: Do not follow him unless the property is with him; if he discards the property and retreats, then do not follow him at all. But if he enters by force, then fight him and do not cease. He cited the actions of Imran ibn Husayn and Ibn Umar as evidence. Regarding the 'manashada' (adjuring/warning) of him, he weakened the hadith concerning it and did not consider it a principle. As for fighting during a time of tribulation (fitna), he did not consider fighting them as a principle at all. He supported all of these positions with hadiths, and I have produced all the hadiths which he cited as evidence. Upon this, which I have explained from him, the report in his madhhab has settled. And with Allah is the success.