What is the ruling on causing death by setting a person against a predator or venomous creature?
General Chapter
Al-Mughni
Book of Wounds
Primary text
If someone is confined with a predator (like a lion or tiger) in a confined space, such as a pit (zibyah), and the predator kills them, it is intentional homicide requiring retribution if the predator inflicted a killing blow that would qualify as intentional homicide if done by a human. If the victim is tied up and thrown before a lion or snake in an open space and is killed, retribution is due. Likewise, if they are put with a snake in a confined space and are killed by a bite, retribution is due, as this act is usually lethal and thus considered pure intentional homicide. If the victim is stung by a snake or attacked by a predator causing death, retribution is due if the creature's action typically causes death. If the act is not typically lethal (like a small snake or small predator), it is considered Shibh al-Amd.
Supporting text
Some scholars argue against retribution in cases involving predators escaping easily or where the cause is not necessarily compelling. Furthermore, if the victim is tied up and left in an area where predators or snakes are not normally present, and they are killed, it is considered Shibh al-Amd, though some Shafi'i scholars consider it pure error. If the victim is tied where rising water is known to reach and death occurs from drowning, it is pure intentional homicide.