Is killing a non-accountable person (like a child or insane person) in self-defense liable?

General Chapter

Al-Mughni

Book of Beverages (Intoxicants)

Book 53 · Issue 4 · Bab 1

Open in Qurani

Primary text

It is permissible to kill a non-accountable person attacking in defense, but liability is incurred.

Supporting text

The rationale cited by dissenting scholars is that the non-accountable person does not possess the capacity to consent to their own death, similar to how apostates are not killed by the same standard applied to unlawful killing. However, the primary ruling indicates that liability is still due because the person lacks the capacity to grant permission for their own demise.