What is the ruling on one who kills his brother to forcibly take food from him, yet this is not considered a sin?

For the hungry person in dire necessity who finds no food except the food of others, it is permissible for him to eat from it, as long as he does not fear the accusation of theft or the cutting off of his hand. If the owner of the food prevents him, Islamic law permits him to fight for it, and the sin is lifted from him, even if the fighting leads to the death of the owner of the food or his injury. The esteemed scholar Khalil Al-Maliki said: "And the food of others, if he does not fear cutting off [his hand], he should fight for it." If the person in necessity kills him, there is no retribution. But if the owner of the food kills the person in necessity, then there is Qisas (retaliation).