Accidental Killing

**Definition:** Accidental killing is when a person kills someone without intending to kill them. --- **Types of Accidental Killing:** 1. **Error in action:** Doing what is permissible but hitting an inviolable person unintentionally - like shooting at game and hitting a human, or rolling over while asleep onto a person who dies. 2. **Error in intent:** Shooting at what one thinks is permissible but turns out to be a human - like shooting something thinking it is game, then finding it was a person. 3. **Intent by a minor or insane:** The intentional killing by a minor or insane person is treated as accidental - because they have no valid intent. **Related:** Killing by causation - like digging a well or pit in a path, causing someone to die from falling in. --- **Ruling on Accidental Killing:** **1. Ruling in the Hereafter:** No sin or punishment - based on the hadith of Ibn Abbas رضي الله عنهما that the Prophet ﷺ said: "Indeed Allah has pardoned from my Ummah: the mistake, forgetfulness, and what they are coerced into" [Ibn Majah - authentic]. **2. Ruling in This World:** - Diyah upon the killer's 'Aqilah (male relatives), deferred over three years - Diyah is lightened (five types of camels) **Evidence:** Allah says: "And never is it for a believer to kill a believer except by mistake. And whoever kills a believer by mistake - then the freeing of a believing slave and a compensation payment presented to the deceased's family unless they give up their right as charity" [An-Nisa: 92]. Abu Hurayrah رضي الله عنه reported: "The Messenger of Allah ﷺ ruled regarding the fetus of a woman from Banu Lihyan who miscarried after being struck: a Ghurrah (male or female slave). Then the woman for whom the Ghurrah was ruled died, so the Messenger of Allah ﷺ ruled that her inheritance goes to her husband and sons, and that the blood money is upon her 'Asabah (male relatives)" [Bukhari & Muslim]. --- **Kaffarah (Expiation) for Accidental Killing:** Along with Diyah, Kaffarah is obligatory: 1. **Freeing a believing slave** - if able. The slave must be believing and free from defects. Allah says: "And whoever kills a believer by mistake - then the freeing of a believing slave" [An-Nisa: 92]. 2. **Fasting two consecutive months** - if unable to free a slave due to poverty or lack of slaves. Allah says: "But whoever cannot find [a slave] - then fasting for two months consecutively, [seeking] acceptance of repentance from Allah" [An-Nisa: 92].