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A Person Killed Protecting his Wealth

Question: If a person is killed protecting his wealth, is he a Shaheed (martyr)? If so, will he be given Ghusl?

Answer: Nabi Sallallahu Alayhi Wasallam states in a Hadith: The person who has been killed protecting his wealth is a Shaheed (martyr), the person who has been killed protecting himself is a Shaheed, the person who has been killed protecting his Deen is a Shaheed, the person who has been killed protecting his family is a Shaheed. And in one narration it appears that the person who has been killed oppressively then he also is a Shaheed. 

Defining a Shaheed the jurists expound that it refers to one that has been killed oppressively in a confrontation against the Ahlul Harb (Kuffar, non-Muslims), or against the Ahlul-Baghy (mischief makers) or highway robbers. (Fatawa Khaniyyah 139/1, Raddul Muhtar 249/2).

It should be noted that there are two categories of a Shaheed: 1) Shaheed-e- Ukhrawi (one that is classified as a shaheed in terms of the Akhirat only) and 2)Shaheed-e- Dunyawi wa Ukhrawi (one that is classified as a shaheed in terms of the Dunya and Akhirat).

Although both these categories of Martyrs are accorded with the status of Martyrdom, however, the difference between the two is this that the Shar’i implications of Martyrdom in this world such as ‘not being given ghusl’ and ‘being buried with his very blood stained clothing in which he was made shaheed’ will only apply to the second category i.e. Shaheed-e- Dunyawi wa Ukhrawi. 

Hence if a Muslim person is killed protecting his wealth, then in order for him to be classified as a Shaheed-e- Dunyawi wa Ukhrawi i.e. so that ghusl is not given to him and that he is buried in the very same clothing that he was wearing at the time of being killed,   there are a few conditions that have to be established.

The required conditions are as follows:

1) He must be a Muslim.

2) He must be mature (baaligh)

3) he must be sane.

4) He should not be killed while he is in the state of hadath-e-akbar (in a state that he is in need of a compulsory bath).

5) The killing has to be oppressive and unjust.

6) He should be killed by Kuffar (non Muslims), highway robbers or the people spreading mischief corruption, oppression irrespective of the weapon employed thereof i.e. he will fall under the ambit of the second category whether the weapon employed is designed to kill such as guns, swords, knives, etc. or whether it is not designed to kill such as stones fire etc..

However if he is killed by a Muslim or a Zimmi (non Muslim living in an Islamic country) then it is subject to the condition that the weapon employed for the implementation of his murder should be such that it is designed to kill. Hence if the killer is a Muslim and the object with which the murder was enforced is an object which is not designed to kill then he will fall under the ambit of the first category.

7) Another condition so that a person may be classified as a Shaheed-e-Dunyawi wa Ukhrawi is that a person should not (after being fatally wounded) derive any worldly benefit in any form whether by eating, drinking, sleeping or by being accorded medical treatment even though it might be very minimal.

8)One Salaah time should not lapse in a state of consciousness from the time of his injury up to the time of his death, neither should he be removed from the place that he was attacked while conscious. The realization of these conditions is termed as Admul Irtithaath.

In brief, if all the above conditions were realized then a person who is killed protecting his wealth will qualify to be classified as a Shaheed-e-Dunyawi wa Ukhrawi (shaheed in terms of the Dunya and Akhirat). He will be honoured in this world also whereby he will not be given ghusl. Similarly, he will be buried in that very blood stained clothing in which he was martyred. However if he had been wearing any such garment which does not conform to the Masnoon Kafn like an overcoat, jacket,etc, then that will be removed  and also if there is any shortage in the Masnoon Kafn then that will be completed and the Marhoom  will thus be buried in that way.

الشهيد إسم لكل مسلم طاهر مكلف عند أبي حنيفة, قتل ظلما في قتال ثلاث, إما مع أهل الحرب أو مع أهل البغى أو مع قطاع الطريق, و فى مختصر خواهر زاده : أو قتل دون ماله أو دون نفسه أو دون رجل من المسلمين أو أهل الذمة .م: بأي آلة قتل, و لم يحمل من مكانه حياً, ولم ينتفع بحياته, ولم يبق بعد الجراحة يوما و ليلة...............و حكمه فى الشرع أنه لا يغسل و يصلى عليه عندنا.....ألخ ( التاتارخانية ص139 ج1)

أنظر  ( رد المحتار ص249 ج2)

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Daily Fiqh

Mufti Yusuf Moosagie