Is expiation (Kaffarah) obligatory in intentional manslaughter (shibh al-'amd)?

Chapter on Qasamah (Oaths regarding murder)

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 1 · Bab 3

Open in Qurani

Primary text

Expiation is obligatory in cases of intentional manslaughter (shibh al-'amd). This ruling is derived from the analogy with accidental killing (al-khaṭa'i) because in that case, capital punishment is negated, the 'aqilah (surety group) bears the blood money (diyah), and the payment is deferred over three years. By analogy, expiation must also be obligatory. Furthermore, if expiation were not incumbent upon the killer, the blood money would fall entirely upon him. Since Sharia did not intend for the killer to be free of obligation entirely, expiation must be established.