then it is quasi-intentional. The fourth category is that he confines him in a place and prevents him from food and drink for a duration that he cannot survive until he dies; in this case, qisas is due upon him, because this usually kills. This varies according to people, time, and circumstances. Thus, if he is thirsty in extreme heat, he dies in a short time, whereas if he is satiated and the weather is cold or moderate, he would not die except after a long time, and this is taken into account in his case. If it is for a duration in which he usually dies, then qisas is due. If it is for a duration in which he does not usually die, then it is an intentional mistake. If we are in doubt regarding it, qisas is not mandatory because we have doubted the cause, and the ruling cannot be established alongside doubt regarding its cause, especially qisas, which is averted by uncertainties.

The fifth category is that he gives him poison or feeds him something lethal, and he dies from it. This is purely intentional and requires qisas if something similar usually kills. If he mixes it into food and presents it to him, and he eats it, or he offers it to him as a gift and he eats it, or he mixes it into a man's food without his knowledge and he eats it, then qisas is due upon him because it usually kills. Al-Shafi'i said, in one of his two opinions: There is no qisas due upon him because he ate it voluntarily, resembling the case where one presents a knife to a person and he stabs himself with it. Also, because Anas ibn Malik reported that a Jewish woman came to the Messenger of Allah (peace be upon him) with a poisoned sheep, and the Prophet (peace be upon him) ate from it, yet he did not kill her. He said: Is blood money (diyah) mandatory? There are two opinions on this. Our view is based on the report of the Jewish woman, for Abu Salamah said in it: Bishr ibn al-Bara' died, so the Prophet (peace be upon him) ordered that she be put to death. Recorded by Abu Dawud. Also, because this usually kills