What is the ruling on throwing someone into a deadly place (mahlikah)?
General Chapter
Al-Mughni
Book of Wounds
Primary text
Throwing someone from a high place (e.g., a mountain peak or tall wall) where death is the likely outcome results in intentional homicide and retribution. Similarly, throwing someone into a fire or water body where they cannot escape due to the intensity, their own weakness (illness, small size, being tied), or being trapped in a pit, constitutes intentional homicide punishable by retribution because it is likely to cause death. If someone is thrown into shallow water and chooses to remain until death, there is neither retribution nor blood money, as their death resulted from their own voluntary remaining in the water, not the act of being thrown in.
Supporting text
If a person is thrown into a fire from which they could easily escape but remains until death, there are differing views on liability for the initial act, though they are guaranteed for the fire damage. If thrown into deep water where they are eaten by a fish or whale, there are two views: one mandates retribution because they were thrown into a deadly situation, and the other denies retribution because death came from another cause (the fish).