III. Homicide
by mfadven-
tur.;
which requires
expiation;
fubjedls
the Akilas to
a fine (payable
in three
years ;)
is criminal
in a certain
degree ;
and excludes
the offender
from inheritance.
(A blow with
an intention
T h e error which occafions K atl Khota, or homicide by mifadventure,
is of two kinds; I. error in the intention; II. error in the ail._.
Error in the a il is where a perfon intends a particular aft, and another
aft is thereby occafioned;— as where, for inftance, a perfon fhoots an
arrow at a mark, and it hits a man.— Error in the intention, on the
other hand, is where the miftakeexifts, not in the act, but with refpeft
to the f u b j e c l as where, for inftance, a perfon fhoots an arrow at a
man, fuppofing him to be game; or at a Muffulman, under the fuppofi-
tion of his being a hofiile infidel;— for here the perfon who fhoots
intends to hit the objeft, but errs in his intention, as not knowing
what that objeft is.
H omicide by misadventure requires two things; expiation,
(performed by emancipating a Muffulman Have, or elfe falling for two
months fucceffively,) and the payment of a fine from the Akilas [of
the flayer] within three years; becaufe G od has faid, in the K oran,
“ W hoso k il l e th a bel iever by m is t a k e , (the penalty o f it
is) THE FR EEING OF A B E L IE V E R , A N D A F IN E TO THE FA-
“ m il y ( t f the J la in f)— and the fine is payable within three years,
becaufe of the determination of Omar, as before mentioned.
H omicide by misadventure does not bear the criminality of
wilful bloodfhed. Still, however, it is not altogether exempt from
criminality; for as the flayer neglefted caution, and afted haftily in
fhooting his arrow, he is criminal fo far as having negleiled caution.—
Befides, if the aft were not criminal, expiation for it would not have
been ordained, as expiation is ordained in atonement for crimes.
Homicide by misadventure occafions. the flayer’ s exclufion
from inheriting to the flain; becaufe it is an offence for which exclufion
from inheritance is the due recompence.
I f a perfon ftrike at any part of another, with intention to wound
him,
him, and hit another part, arid the perfon flruck die in confequence
of the wound, retaliation is incurred; becaufe this is not homicide by
\ mifadventure; for here the bloodfhed is a confequence of an intention
i a rain ft a certain part; and all the parts o f the body are as a Angle
fubjeft.
Homicide of the fourth defcription (namely, that which is of the
fame nature as homicide by mifadventure *) is where, for inftance, a
I perfon walking in his fleep falls upon another fo as to kill him by
| fuch fall; and it is fubjeft to the fame rules with homicide by mifadventure.
Homicide by an in t e rm ed ia t e cause is where, for inftance,
a perfon digs a well, or fets up a ftone, in ground which does not
belono- to him, and another falls into the well, or over the ftone, and
I d ié ;— in confequence of which a fine is due from the Akilas', becaufe
the digging o f the well, or placing the ftone, was the occafion of the
deceafed’s deftruftion; and as the perfon who dug the one or fet up
the other was guilty of a tranfgreffion in fo doing, the cafe is in faft
the fame as i f he had himfelf thrown the deceafed into the well or
againft the ftone. A fine is therefore incumbent in this inftance.
Expiation is not incumbent in this fpeciesof homicide, nor is the
guilty perfon excluded from inheriting [to the perfon killed.] Shafe'i
I alleges that homicide by an intermediate caufe is connefted with homicide
by mifadventure, with refpeft to all its effefts, the lawgiver having ac-
| counted the guilty perfon, in this inftance, to be equally a Jhedder o f
\ blood. The argument of our doftors is that as, in this cafe, the bloodfhed
has not actually proceeded from the offender, the faft is there-
i fore connefted with homicide merely with refpeft to a compenfation,
[ continuing, fo far as concerns other matters, fubjeft to its own rules.
* This diftindtion might perhaps be with propriety rendered accidental homicide.
T h e
to wound
only, i f it
produce
death, fub-
jedls to the
penalties o f
•wilful murder.
)
IV . Homicide
o f the SAME
n a t u r Tb as
by mifadventure.
V . Homicide
bj an intermediate
caufe;
which fub-
jedts the offender’s
Akilas
to a fine.
but does not
require expiation,
nor
exclude from
inheritance,