What is the legal status and consequence of accidental killing (Qatl al-Khata')?
Chapter on Qasamah (Oaths regarding murder)
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
Accidental killing is not described as either forbidden or permissible, analogous to the action of an insane person or an animal. However, expiation is required because the soul lost was inviolable, forbidden, and respected. The expiation is due to the sanctity of the life taken, not because the act itself is legally prohibited.
Supporting text
A group holds that accidental killing is forbidden, though without sin for the perpetrator. Another view suggests it is not forbidden, as 'forbidden' implies sin, and there is no sin in an accidental killing. The verse regarding a believer intentionally killing another believer, Quran 4:92, is interpreted by some as a disjunctive exception, where 'illa' (except) means 'but,' suggesting accidental killing is possible. Another interpretation suggests 'illa' means 'and not,' but this is considered weak because prohibition does not apply to accidental acts.