Quasi-Intentional Killing

**Definition:** Quasi-intentional killing is when the perpetrator intends to assault a person with something that does not normally kill, yet the victim dies. It is also called "error of intent." It resembles intentional from the aspect of intending to strike him, and resembles accidental from the aspect of using something not intended for killing. Therefore, its ruling is between intentional and accidental. This applies whether the aggression was intended or for discipline. --- **Examples of Quasi-Intentional Killing:** 1. Striking in a non-vital area with a whip, small stone, small stick, or punching/pushing in a non-vital area - then the person dies. (Punching is with a closed fist; pushing is with a closed fist to the chest.) 2. Tying someone and leaving them beside water that may or may not rise - then it rises and they die. Similarly, throwing them in shallow water that wouldn't normally drown someone - yet they drown. 3. Shouting at a sane adult during their inattention and they die. Or shouting at a child or mentally deficient person on a roof - causing them to fall and die. --- **Ruling on Quasi-Intentional Killing:** **1. Ruling in the Hereafter:** It is forbidden and sinful with punishment in the Hereafter - because the perpetrator caused the death of an inviolable person through their action. However, the punishment is less than intentional killing. **2. Ruling in This World:** - Aggravated Diyah (blood money) is required - No Qisas (retribution) - even if the blood guardian demands it - Kaffarah (expiation) is obligatory from the perpetrator's wealth: freeing a slave, or if unable, fasting two consecutive months - The Diyah is established for the blood guardian upon the killer's 'Aqilah (male relatives), to be paid over three years **Evidence:** Abdullah ibn Amr رضي الله عنه reported that the Messenger of Allah ﷺ said: "The blood money for quasi-intentional killing is aggravated like that of intentional killing, but the perpetrator is not killed" [Abu Dawud, Ahmad]. Al-Mughirah ibn Shu'bah رضي الله عنه reported: "A woman struck her co-wife with a tent pole while pregnant and killed her. The Messenger of Allah ﷺ placed the blood money of the killed woman upon the 'Asabah (male relatives) of the killer" [Muslim].