it is mandatory for the erasure of the commanded act. As for accidental killing, it is not described as prohibited or permissible; for it is like the action of an insane person or an animal, yet the life taken by it is inviolable, prohibited, and sacred, and that is why expiation is mandatory for it. A group said: The accidental act is prohibited, but there is no sin in it. It was also said: It is not prohibited, because the prohibited is that for which the doer is sinful, and this involves no sin, and His saying, the Almighty: "And it is not for a believer to kill a believer except by mistake." This is an interrupted exception (istithna' munqati'). The "except" (illa) is in the position of "but" (lakin). The intended meaning is: But he may kill him by mistake. It was also said: "except" (illa) is in the sense of "nor" (wa la), meaning: nor by mistake. This is far-fetched, because prohibition cannot be directed toward a mistake, due to the impossibility of avoiding it and it being beyond capacity, and because if it were in the sense of "nor," it would be a conjunction linking the mistake to what preceded it, and there is nothing before it suitable to be linked to. As for the killing of the women and children of the people of war, there is no expiation for it, because they have no oaths or covenants, and the prohibition against killing them is only due to the Muslims' benefit from them, as they become slaves through captivity who can be utilized. Likewise, the killing of one who the call (to Islam) has not reached has no expiation for the same reason, and for that reason, they are not liable for anything, thus they resemble those whose killing is permissible.

Section: Whoever kills himself by mistake, expiation is mandatory from his wealth. This is the position of Al-Shafi'i. Abu Hanifa said: It is not mandatory, because liability for one's own self is not mandatory, therefore the expiation is not mandatory, just like the killing of the women and children of the people of war. Our argument is the generality of His saying, the Almighty: "And whoever kills a believer by mistake - then the freeing of a believing slave." Also, because he is a believing human being killed by mistake, so expiation is mandatory upon his killer, just as if someone else had killed him. The former is closer to the truth, if God wills, for 'Amir ibn al-Akwa' killed himself by mistake, and the Prophet, may God bless him and grant him peace, did not command an expiation for it. His saying, the Almighty: "And whoever kills a believer by mistake" is only intended to refer to