How is an unintentional error assessed when the heir executes Qisas but strikes incorrectly?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
If the heir claims he erred, and the blow landed near the neck (such as the head or shoulder), his claim is accepted along with an oath, because errors are plausible in such circumstances. If the strike landed far away, such as the middle of the body or the legs, his claim is not accepted because errors are not likely in such instances.
Supporting text
There are two differing opinions regarding whether the heir is allowed to try again. One view prohibits a second attempt because the first attempt demonstrated his lack of competence. Another view, held by Al-Qadi, permits a second attempt based on the presumption that he will be more careful. If the heir remains unable to perform it correctly, he must appoint an agent, and the cost of the agency shall be covered by the public treasury (bayt al-mal) if the heir cannot afford it.