—because the killer is led forward when the retaliation is enforced.
Points derived from the ḥadith
1 – The victim of al-ʿamyāʾ: this is someone who is killed in a crowd and whose assailant remains unknown, such as during the crush of ṭawāf, saʿy, or the stoning at the Jamarāt. In that case the blood money is paid from the Muslims’ public treasury (bayt al-māl).
Shaykh Ṣāliḥ al-Ḥuṣayn, adviser to the Ministry of Finance, said: “The rule is that the blood of a protected person is never left to waste. Thus, the blood money becomes an obligation upon the public treasury whenever no other party can be legally charged with it and nothing exists that would remove that liability.”
2 – If someone is killed by a hurled stone, or by a blow with a whip or a stick—implements that do not ordinarily kill—this is treated like accidental killing in that retaliation is not due, yet it resembles deliberate homicide in that the blood money is increased. The compensation for quasi-intentional killing therefore equals, in amount, the compensation for intentional killing.
3 – Outright deliberate and hostile homicide incurs qawad, i.e., qiṣāṣ (retaliation). The Prophet ﷺ hinted at this when he said, “Whoever kills intentionally is subject to qawad.” The jurists define intentional homicide as targeting a protected human being and killing him with something that, in all likelihood, causes death. Consequently, there is no qiṣāṣ for an instrument that normally does not kill, nor is there qiṣāṣ when the killer did not intend death or aimed at someone who is not protected.
4 – There are nine instances of deliberate, hostile killing:
1 – Striking with a heavy object.
2 – Striking with something that pierces the body.
3 – Throwing the victim into a pit containing a predatory beast.
4 – Throwing him into water that drowns him, or into fire that burns him.
5 – Strangling him.
6 – Detaining him from food and drink until he dies of hunger or thirst within the usual period in which a person would die.