and error in it; for he intended the action, but erred in the killing, so there is no retribution in this. The blood money is upon the 'aqilah [the killer's male paternal relatives], according to the opinion of the majority of scholars. Malik categorized it as intentional [homicide] necessitating retribution because (2) there is nothing in the Book of Allah except intentional and erroneous [homicide], so whoever adds a third category adds to the textual ruling. [He also argued] that he killed him with an action he intended, so it is intentional, just as if he had pricked him with a needle and killed him. Abu Bakr, from among our associates, said: The blood money is obligatory upon the wealth of the killer. This is the opinion of Ibn Shubruma, because it is an outcome of an intentional action, so it is upon the killer's wealth, like all other offenses. Our position is based on what Abu Hurayra narrated, saying: Two women from Hudhayl fought, and one of them threw a stone at the other and killed her and what was in her womb. The Prophet (peace and blessings of Allah be upon him) decreed that the blood money for her fetus is a slave or a slave-girl, and he decreed that the blood money for the woman be upon her 'aqilah. Muttafaq 'alayh [agreed upon by Al-Bukhari and Muslim] (3). Thus, he obligated her blood money upon the 'aqilah, and the 'aqilah does not bear [the liability for] intentional [homicide]. Furthermore, the statement of the Prophet (peace and blessings of Allah be upon him): "Behold! (4) In the killing of intentional error, the killing of the whip, the staff, and the stone, is one hundred camels" (5). In another wording, the Prophet (peace and blessings of Allah be upon him) said: "The blood money for quasi-intentional homicide is aggravated, like the blood money for intentional [homicide], but its perpetrator is not killed." Narrated by Abu Dawud (6). This is a textual proof, and his statement [indicates] this is a third category. We say: Yes, this was established by the Sunnah, and the first two categories were established by the Book [of Allah]. Furthermore, it is a killing that does not necessitate retribution, so its blood money is upon the 'aqilah, like erroneous homicide.

1419 - Issue: He said: (Erroneous homicide is of two types: one of them is that one throws at game, or