nor is any blood money due, for it was narrated that Umar (may Allah be pleased with him) was having his lunch one day when a man came running, with a sword in his hand stained with blood, and behind him were people running after him. He came and sat with Umar, then the others arrived and said: "O Commander of the Faithful, this man has killed our companion." Umar said to him: "What are they saying?" He replied: "O Commander of the Faithful, I struck my wife's thighs, and if there was anyone between them, then I have killed him." Umar asked: "What is he saying?" They said: "O Commander of the Faithful, he struck with the sword, and it landed in the middle of [the man and] (31) the woman's thighs." Umar took his sword, shook it, then returned it to him and said: "If they return, then you return [to the action]." Narrated by Sa'id in his "Sunan" (32). It was also narrated from Al-Zubayr that he was one day lagging behind (33) the army, with a slave girl of his, when two men came to him and said: "Give us something." He threw them some food he had with him, so they said: "Leave the slave girl alone." He struck them with his sword and cut them both down with a single blow (34). This is because the opponent has confessed to that which renders his killing permissible, so his right [to retribution] has lapsed, just as if he had confessed to killing him in retaliation or for an offense that necessitates his death. If this is proven by evidence, the same applies.

1418 - Issue: He said: (Quasi-intentional homicide is that which one strikes with a small stick, or a small stone, or punches, or performs upon him an action which, in most such actions, does not kill. There is no retribution in this, and the blood money is upon the 'aqilah [the killer's male paternal relatives]).

Quasi-intentional homicide is one of the categories of killing, which is that one intends to strike someone with something that does not typically kill; either with the intent of aggression against him, or with the intent of disciplining him, but he goes to excess in it, such as striking with a whip, a staff, a small stone, punching with the hand (1), and all other things that do not typically kill. If it kills, then it is quasi-intentional, because he intended the striking but not the killing. It is called "intentional error" and "erroneous intent" because of the convergence of intention 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, 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 (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! 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.