What constitutes intentional homicide via striking with a non-sharp object that is likely to cause death (mughallib al-dhann)?
General Chapter
Al-Mughni
Book of Wounds
Primary text
Intentional homicide punishable by retribution occurs when one strikes another with an object that is usually expected to cause death upon use. This view is held by the majority, including An-Nakh'i, Az-Zuhri, Malik, and Ash-Shafi'i, based on the Quranic verses stating 'And whoever kills a believer intentionally, his recompense is Hell' and 'Retaliation is prescribed for you in the matter of the slain' (Quran 2:178). Evidence also includes the hadith that the relative of the slain has the choice either to accept blood money or retribution (qawad). This type includes striking with a large heavy object that typically kills, such as a large stone or heavy piece of wood, provided it exceeds the size of a tent pole (as implied by a ruling concerning death by a tent pole being considered unintentional homicide). Repeated striking, even with a small object, until death results, or severe crushing actions like squeezing testicles intensely to the point of likely death, also fall under this category and mandate retribution.
Supporting text
Abu Hanifa held that retribution is not obligatory unless the killing is by fire, arguing based on the hadith classifying killing by whip, stick, or stone as 'accidental intentional killing' (qatl 'amd al-khata') punishable only by diya. Some early scholars like Al-Hasan and Ibn Al-Musayyib considered intentional homicide only that done with a weapon.