He had said, “Whoever among you kills it intentionally,” thereby adding words while diminishing the meaning, this would be something from which even the speech of the least wise person should be free. How, then, could it befit the speech of Allah, which is the best and most excellent speech, and whose superiority over all other speech is like Allah’s superiority over His creation?

The majority, who hold that the penalty is due from one who acts by mistake, establish this through the general purport of the sunnah and the transmitted reports, and by analogy with the accidental killing of a human being. They say:

Allah specifically mentioned the intentional offender (1) because, among the rulings, He mentioned one that applies specifically to the intentional offender (2): the warning conveyed in His words (3):

“So that he may taste the evil consequences of his deed. Allah has pardoned what is past, but whoever repeats the offense, Allah will exact retribution from him” [Surah al-Mā’idah: 95].

Thus, because He mentioned both the penalty and retribution, the combination of the two applies specifically to the intentional offender. Yet if this combination applies specifically to the intentional offender (4), it does not necessarily follow that part of it cannot apply (5) in the absence of intent (6).

Similar to this are His words:

“When you travel through the land, there is no blame upon you for shortening the prayer if you fear that those who disbelieve may attack you” [Surah al-Nisā’: 101].

By shortening, He meant both shortening the number of prayer units and shortening its essential acts. This form of shortening, which combines both types, is contingent upon both travel and fear. Yet it does not follow from the combination being restricted