lead to death, you would classify it as mistaken. The scholars therefore placed it at an intermediate level between the two and called it quasi-deliberate (1). It says in al-Rawḍ: “This was narrated from Umar and Ali—may Allah be pleased with them both” (2)—that is, that offences are divided into three categories.
“It comprises deliberate killing—retaliation being exclusive to it, subject to the condition of intent—and quasi-deliberate killing, …”
His statement, “It comprises deliberate killing—retaliation being exclusive to it”: qawad means retaliation. It was given this name because the killer would be led bodily by a rope to the heirs of the slain and then executed. The meaning is that retaliation applies only in cases of deliberate killing; as for mistaken and quasi-deliberate killing, there is no retaliation in either case. The evidence for this is the saying of Allah Most High:
“O you who believe, prescribed for you is legal retribution for those murdered: the free for the free, the slave for the slave, and the female for the female.” [al-Baqarah 2:178]
And Allah Most High says:
“And We ordained for them therein: a life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and for wounds is legal retribution.” [al-Ma'idah 5:45]
Although this was prescribed for the people of the Torah, it is also law for us, as shown by the Prophet’s ﷺ saying to Anas ibn al-Nadr—may Allah be pleased with him—when al-Rubayyiʿ bint al-Nadr—may Allah be pleased with her—broke the front tooth of an Anṣari woman and they demanded retaliation: “The Book of Allah prescribes retaliation.” (3)