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The question

Is shooting that led to death during a fight considered intentional killing requiring blood money, or accidental killing requiring blood money?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Summary: In matters of disputes, one should refer to the judiciary or to an arbitrator agreed upon by both disputing parties, as it is difficult to rule through a due to insufficient knowledge of the details.

Whether the killing was intentional or accidental, the difference between their blood money is not significant: 1. Intentional Blood Money (Diyat al-Amd): This is borne by the killer, unless their 'Aqila (male agnates) assist them, and it is made heavier (mughallazhah). 2. Accidental Blood Money (Diyat al-Khata'): This is borne by the killer's 'Aqila, and it is made lighter (mukhaffafah) and deferred for three years.

Manner of Heavier (Taghlizh): This applies only to camels of specific ages, and it is divided into quarters (25 bint makhad, 25 bint labun, 25 hiqqah, 25 jadha'ah). Manner of Lighter (Takhfif): This is divided into fifths (20 bint makhad, 20 ibn makhad, 20 bint labun, 20 hiqqah, 20 jadha'ah).

The two disputing parties may reconcile for more than one hundred camels.

The Scenario in Question (Intended to strike his opponent but hit his neighbor): 1. According to the Majority (Abu Hanifa, Al-Shafi'i, and Ahmad): This is accidental killing because he did not intend to kill the one he hit. 2. According to the Malikis and some Hanbalis: This is intentional, especially if the striking was done out of anger, not play.

The Second Scenario (Intended to strike a group randomly): This is considered intentional according to Al-Nawawi, and entails Qisas (retaliation). All these matters require a judicial ruling.

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Ftawy
Original fatwa ID
21001
Imported
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