What is the legal ruling regarding a 12-year-old boy who caused the death of his two sisters after giving them a poisonous herb, whether his action was intentional or accidental?
The ruling on killing with poison or poisonous herbs is summarized as follows:
1. Intentional Killing (Qatl al-Amd): If the killer knows that the poison is usually lethal, then retribution (Qisas) is exacted, unless the victims' heirs pardon the killer. 2. Quasi-Intentional Killing (Qatl Shibh al-Amd): If the killer knows it is poisonous but does not know that it is usually lethal, then aggravated blood money (Diyyah Mughalladhah) and expiation (Kaffarah) are due. 3. Accidental Killing (Qatl al-Khata'): If the killer does not know it is poisonous, or if the killer claims ignorance and is someone for whom such a fact could be hidden, then blood money (Diyyah) and expiation (Kaffarah) are due.
As for the killing by a child (who has reached 12 years of age but not yet shown signs of puberty):
- If the child was an adult (baligh) at the time of the incident, the previous details apply (intentional, quasi-intentional, accidental). - If the child was not an adult, their action is considered, by the majority of scholars, akin to "accidental" killing. In this case, blood money (Diyyah) is due from their agnatic kin (Aqilah), and there is no retribution (Qisas) upon them.
Expiation (Kaffarah) for a Non-Adult Child:
- The majority of scholars hold that expiation is obligatory for the child, which is fasting for two consecutive months (if there is no slave to free). - The Hanafis are of the view that expiation is not obligatory for them due to their lack of legal accountability (Taklif), and this is considered by some to be closer to the correct view. - If expiation becomes obligatory for the child, they either fast during their childhood (Shafi'is) or postpone fasting until they reach adulthood (Malikis). - The child's agnatic kin (Aqilah) must pay the blood money to the heirs of the two deceased women, unless they pardon it.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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