as a combatant, for he intended to kill him, and it is one of the two types of error. This is the more correct view. The followers of al-Shafi'i have two opinions similar to these.

Section: The intentional act of a child or a mentally incompetent person is an error that the 'Aqilah bears. Al-Shafi'i said in one of his two opinions: They do not bear it, because it is an intentional act for which they may be disciplined, so it resembles the killing by an adult. Our evidence is that full intent is not realized in them, so the 'Aqilah bears it, like quasi-intentional killing, and because it is a killing that does not entail retaliation due to the excuse, so it resembles an error and quasi-intentional killing. It is for this reason that it differs from what they mentioned, and their argument is invalidated by the [case of] quasi-intentional killing.

Third Issue: That they do not bear [liability for] a reconciliation settlement. Its meaning is that he is accused of killing, he denies it, and he reconciles with the claimant for wealth; the 'Aqilah does not bear this because it is wealth established by his reconciliation and choice, so the 'Aqilah does not bear it, just like that which is established by his confession. The Qadi said: Its meaning is that the guardians reconcile the blood of an intentional killing for blood money. The first interpretation is better, because this is intentional [killing], so it is covered by the mention of intentional killing. Among those who said that the 'Aqilah does not bear reconciliation are: Ibn Abbas, al-Zuhri, al-Sha'bi, al-Thawri, al-Layth, and al-Shafi'i. We have already mentioned the hadith of Ibn Abbas regarding it, and because if the 'Aqilah were to bear it, it would lead to him reconciling with the wealth of others and obligating a right upon them by his own word.

Fourth Issue: That they do not bear [liability for] a confession. This is that a person confesses to having committed a killing by error or quasi-intentional killing, thus blood money becomes due upon him, and the 'Aqilah does not bear it; we do not know of any disagreement regarding this. This is the opinion of Ibn Abbas, al-Sha'bi, al-Hasan, Umar ibn Abd al-Aziz, al-Zuhri, Sulayman ibn Musa, al-Thawri, Malik, al-Awza'i, al-Shafi'i, Ishaq, and the People of Opinion (Ashab al-Ra'y). We have already mentioned the hadith of Ibn Abbas regarding it, and because if it were binding upon them, it would be binding by the confession of