What is the ruling for an act that is intentionally done but leads to an unintended destructive outcome ('Amd al-Khata')?

General Chapter

Al-Mughni

Book of Beverages (Intoxicants)

Book 53 · Issue 3 · Bab 1

Open in Qurani

Primary text

This category applies when one intends to perform a permissible action, such as removing a plank or fixing a nail on a ship to make repairs, but this action results in perforating a spot leading to sinking. This classification was mentioned by Al-Qadi and is the view of the Shafi'i school.

Supporting text

The sounder position is that such an act is pure mistake ('Khata' Mahd), because the intent was directed toward a permissible action, which inadvertently led to unintended destruction, resembling the case of one who shoots at game but strikes a human being. However, if one intended to remove the plank from a spot unlikely to cause destruction, yet destruction occurs, it remains classified as 'Amd al-Khata', and the liability is subject to further deliberation.