If he shoots at a non-Muslim whose blood is inviolable and strikes a Muslim, the apparent view is that it counts as intentional killing. It is true that he is not executed for killing him, because a Muslim is not executed for a disbeliever; nevertheless, the inviolability and sanctity of a protected non-Muslim are like those of a Muslim.

It may also be said that it is not intentional killing, because the inviolability of a non-Muslim is not like that of a Muslim.

His statement, “or a person,” means a person whose blood may lawfully be shed, such as an adulterer who has previously been married, a combatant disbeliever, and the like.

His statement, “and thereby strikes a human being whom he did not intend,” has already been discussed.

His statement, “and the deliberate act of a child or an insane person”: this is the second category of accidental killing. Thus, if a child or an insane person deliberately kills someone, it is deemed accidental. In the case of the insane person, this is clear, because intention is one of the conditions of deliberate killing, and an insane person has no intent.

As for the child—what is meant here is one who has not reached puberty, such as one who is fourteen years and ten months old, or one who is fifteen years old less three days—his deliberate act is deemed accidental, based on the hadith: “The Pen has been lifted from three: from the child until he reaches puberty, from the insane person until he regains awareness, and from the sleeping person until he awakens” (1).

A sleeping person may kill someone. Some people walk while asleep, and we were told of someone who, while asleep, would go out to the valley north of the town, while he