like retaliation (qisas) and the penalty for injuries to the limbs of a slave. It does not resemble semi-intentional killing; for the killer is excused as he did not intend to kill, and it resulted [from his action] without his choice, so it resembles an error, and this is why the 'aqila bears it. Furthermore, the intent [behind this ruling] is to provide mitigation for the 'aqila who did not commit the crime but bore the payment of wealth as an act of consolation; thus, it is more appropriate for their situation to grant them mitigation, and this is present in cases of error and semi-intentional killing alike. As for intentional killing, the perpetrator bears the burden when he is not in a state of excuse, so it must be treated as being attached to the substitute for other destroyed properties. Disagreement regarding this matter is conceivable in cases where one kills his son, or kills a foreigner and the carrying out of qisas is impossible due to the pardon of some heirs or other reasons. There is a difference of opinion regarding its amount. A group reported from Ahmad that it is [paid in] quarters, as mentioned by al-Khiraqi, which is the opinion of al-Zuhri, Rabi'ah, Malik, Sulayman ibn Yasar, and Abu Hanifah. This was also reported from Ibn Mas'ud, may Allah be pleased with him. Another group reported from Ahmad that it is thirty hiqqah, thirty jadha'ah, and forty khalifah (pregnant camels) with their offspring in their wombs. This is the opinion of 'Ata', Muhammad ibn al-Hasan, and al-Shafi'i. It has been reported from 'Umar, Zayd, Abu Musa, and al-Mughirah, based on what 'Amr ibn Shu'ayb reported from his father, from his grandfather, that the Messenger of Allah (peace and blessings of Allah be upon him) said: "Whoever kills intentionally shall be surrendered to the guardians of the victim. If they wish, they may kill him, and if they wish, they may take the blood money, which is thirty hiqqah, thirty jadha'ah, and forty khalifah; and whatever they reach a settlement upon is theirs." This is because of the gravity of the intentional killing. Reported by al-Tirmidhi, who said: It is a hasan gharib hadith. Also, from 'Abd Allah ibn 'Amr, that the Messenger of Allah (peace and blessings of Allah be upon him) said: "Behold, for a killing of intentional error—the killing by whip or stick—there is one hundred camels, forty of which are khalifah with their offspring in their wombs." Reported by Imam Ahmad, Abu Dawud, and others. From 'Amr ibn Shu'ayb, that a man called Qatadah threw his sword at his son and killed him, so 'Umar took the blood money from him;
(4) In [copies] B and M: "upon". (5) In [copy] B: "The group and Ahmad". (6) In the original and [copy] B: "they killed". (7) Its verification was provided previously, in: 11/595. (8) Its verification was provided previously, in: 6/240.