Is expiation due for causing death through means even if the intent was malicious?

Chapter on Qasamah (Oaths regarding murder)

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 6 · Bab 3

Open in Qurani

Primary text

The Qadi states that witnesses must bear the expiation whether they admit they erred or acted intentionally. This indicates that death caused by indirect means necessitates expiation in all cases, without differentiating between accident and intention, because if the act intended the killing, it is treated analogously to error in that *Qisas* (retaliation) is not required.