both scenarios. This is the position of the companions of al-Shafi'i, because the lion and the snake flee from the human, and because this is a cause that does not force [the death]. Our view is that this usually kills, so it is purely intentional, like the other scenarios. Their claim that they flee is incorrect, for the lion seizes an unrestrained human, so how could it flee from a bound person cast before it to eat! As for the snake, it only flees in a spacious place; however, if the place is narrow, it is the norm that it defends itself by striking, as is its habit. The judge (al-Qadi) mentioned regarding one who is cast bound into a land infested with beasts or snakes, and it kills him, that there are two narrations regarding the obligation of qisas. This is a severe contradiction, for he denied liability entirely in a scenario where the killing was more certain, and made qisas obligatory in a scenario where it was rarer. The correct view is that there is no qisas here, and liability is mandatory, because he performed an intentional act by which he perished, which does not usually kill like it.

If he causes a snake or beast to strike him and it kills him, qisas is due if this is something that usually kills. If it is something that does not usually kill, such as a snake of the Hijaz or a small beast, there are two opinions: one is that qisas is due, because in the case of a wound, the prevalence of killing is not considered, and this is a wound, and also because the snake is of the type that usually kills. The second is that it is [quasi-intentional], because it does not usually kill, resembling striking with a staff or a stone. If he binds him and casts him into a land that is not infested, and a beast eats him or a snake strikes him and he dies, it is quasi-intentional. The companions of al-Shafi'i said: It is purely accidental. Our view is that he performed an act that does not usually kill like it intentionally, and it led to his destruction, resembling the case of one who strikes him with a staff and he dies. Likewise, if he casts him bound into a place where the rise of water is not known to reach. However, if it is in a place where he knows the rise of water will reach at that time, and he dies thereby, it is purely intentional. And if it is not known, either because it admits of the possibility of occurrence and non-occurrence, or is not known at all,