What is the ruling when a projectile is thrown at a non-Muslim (Kafir) who converts to Islam before impact, specifically differentiating between a Dhimmi and a Harbi (enemy combatant)?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
Al-Kharaqi made no distinction between a Dhimmi or other type of non-Muslim, but distinction is necessary. If a projectile is thrown at an enemy combatant (Harbi) in enemy territory, and he embraces Islam before the projectile reaches him, no blood money is due, but expiation (Kaffarah) is required. This is because the throwing was recommended and commanded, resembling a case where one kills an enemy in enemy territory believing him to be a Harbi, when he had secretly converted. Another narration suggests blood money is due from the perpetrator's aaqilah (kin), as this constitutes a form of unintentional error.
Supporting text
If a projectile is thrown at an apostate (Murtad) in Muslim territory, and he converts back to Islam before impact, the thrower is liable because he was negligent in launching the missile against him, as the killing of an apostate is the prerogative of the Imam, not private individuals, and execution must be by the sword, not an arrow or missile.