The majority of scholars hold the view that killing is divided into these three categories. This has been narrated from Umar and Ali. It is also the view of al-Sha'bi, al-Nakha'i, Qatadah, Hammad, the people of Iraq, al-Thawri, al-Shafi'i, and the jurists (ashab al-ra'y). Malik rejected quasi-intentional (shibh al-'amd) killing and said: "There is nothing in the Book of Allah except intentional killing and killing by mistake; as for quasi-intentional, it is not acted upon according to us," and he categorized it under intentional killing. It has also been narrated from him that he held the same opinion as the group (the majority), which is the correct one, due to what was narrated by Abdullah ibn Amr ibn al-As, that the Messenger of Allah (peace be upon him) said: "Indeed, the blood money (diyah) for killing by mistake that is like intentional killing—which is that done with a whip or a staff—is one hundred camels, forty of which are pregnant." Narrated by Abu Dawud (1). In another wording: "The victim of intentional killing by mistake." This is an explicit text (nass) which takes precedence over what he mentioned.
Abu al-Khattab categorized it into four types, adding a fourth: that which is treated as equivalent to a mistake, such as if a sleeping person turns over onto someone and kills them, or falls onto them from a high place. Killing by cause, such as digging a well or setting up a blade, and the killing by a non-mukallaf (non-legally responsible person), are treated as equivalent to a mistake even if they were intentional. This form mentioned is considered by the majority to be from the category of mistake, for its perpetrator did not intend the action, or he intended it but is not among those capable of proper intent, so they named it a mistake and applied its ruling to it. Al-Khiraqi has explicitly stated this, saying regarding the child and the insane person: "Their intentional act is a mistake."
1416- Issue: He said: (Intentional killing is what one strikes with an iron object, or a large piece of wood like the pole of a tent, or a large stone, such that it is common for the like of it to kill, or [he] repeats the striking with a small piece of wood, or performs an act upon him the nature of which is that it destroys.)
In summary, intentional killing is of two types:
(1) Its documentation was previously cited in: 6/240. Added to it: Al-Musnad 2/164, 166. (2) In copy M: "wa-nasl" (and an arrow head). (3) Omitted from M. (4) Omitted from B. (5) Omitted from the original.
