The Book of Fighting [The Prohibition of Bloodshed] - Sunan an-Nasa'i 4122

"I heard the Messenger of Allah [SAW] say: 'If two Muslims confront each other with their swords and one of them kills the other, both the killer and the slain will be in Hell.'" They said: "O Messenger of Allah, (we understand about) the killer, but what about the one who is killed?" He said: "He wanted to kill his companion."

Scholarly Commentary

This profound hadith establishes the grave prohibition of Muslims fighting and killing one another. The apparent paradox - that both the killer and killed enter Hell - is resolved by the Prophet's explanation that the slain also intended to kill.

The scholars explain that the one killed is not punished for being killed, but for his intention and preparation to commit the same sin. His drawn sword and aggressive stance demonstrate his consent to this unlawful combat.

This ruling applies specifically to two Muslims who willingly engage in mutual combat with lethal intent. It does not apply to one defending himself without aggressive intent, nor to lawful judicial punishments.

The severity of this warning underscores the sanctity of Muslim life and the catastrophic spiritual consequences of intra-Muslim violence. It serves as a powerful deterrent against resolving disputes through armed conflict.

Legal Implications

This hadith establishes that intention (niyyah) is central to Islamic criminal law. Mere physical action without criminal intent does not incur the same level of sin.

The ruling demonstrates that in cases of mutual combat, both parties share moral responsibility regardless of who strikes the fatal blow.

Scholars derive from this that the blood of Muslims who fight each other unlawfully does not carry the same legal protections as innocent blood, though the killer still commits a major sin.