What is the ruling on ordering an undiscriminating minor, an insane person, or a non-Arabic speaker unaware of the danger of killing, to commit murder?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 1 · Bab 2

Open in Qurani

Primary text

If someone orders an undiscriminating minor (*sabiyun la yumayyiz*), an insane person (*majnun*), or a non-Arabic speaker unaware of the danger of killing (*a'jamiun la ya'lam khatar al-qatl*) to kill, and the act is carried out, the orderer is subject to the ruling of execution, while the direct actor is not executed. This ruling is established based on the principle that the perpetrator of the killing in this scenario is treated as a slave (*'abd*) in terms of retribution.