What is the ruling on someone who strikes a legally responsible person—by order of his commander to extract information—and the struck person dies without the intention of killing him, knowing that his original ruling is execution? And is there a blood money payment (diyah) that should be taken from the public treasury (Bayt al-Mal), as the Messenger of Allah, peace and blessings be upon him, did with Khalid?

What you have mentioned concerning this group, its leader, his command to beat this person to extract information from him, and his subsequent claim that this person deserved to be killed—all of this is invalid. The ruling regarding this killing varies depending on the instrument used, and it has two scenarios:

1. If the instrument used for discipline is typically lethal, then the offense is considered intentional (murder) according to the majority of jurists. 2. If it is rarely lethal, then the offense is considered semi-intentional according to the majority, and blood money (diyah) is obligatory, but not retaliation (qisas). Imam Malik did not recognize semi-intentional killing, so he considered this offense an error for which blood money is due from the 'aqila (male agnates). The more prevalent view is that it is semi-intentional.

If the killing was intentional, then qisas applies to all who directly participated in the beating. If it was semi-intentional, then blood money is due from the 'awaqil (male agnates) of the perpetrators.