Seadet-i Ebediyye - Endless Bliss Sixth Fascicle

it would be harâm for him to kill the murderer, that walî will have
to be punished with qaved. If he says that he did not know that it
would be harâm, then he will have to pay diyat.
If a wounded person says, “I was not wounded by so-and-so,”
and then dies, his inheritors cannot sue ‘so-and-so’.
If a wounded person or the walîs forgive the person guilty of
the wounding and then the wounded person dies, the pardon
granted will be permissible.
If a person is given something poisonous, drinks it without
knowing that it is poisonous, and dies, the person who has given
the poison will be punished not with qisâs or diyat, but only with
imprisonment and ta’zîr. According to Imâm A’zam Abû Hanîfa
‘rahmatullâhi ta’âlâ ’alaih’, homicide committed with something
that will not inflict a wound on the body is not premeditated
homicide. It has been stated (by scholars) that qaved will have to
be inflicted if the victim was forced to drink the poison given. The
fatwâ, however, rules out an application of qisâs and states that the
murderer’s ’âqila will have to pay a diyat.
Homicide committed by hitting the victim with a shovel will
necessitate a ‘qaved’, if the victim dies as a result of a wound
caused by a blow administered with the iron part of it. If the victim
is killed without wounding, or if the wounding has been done with
the wooden part, the homicide committed will be one that is
termed ‘shabah-i-’amd’. (Please see ‘shabah’ defined earlier in the
text.) If the homicide has been committed by strangulation or by
drowning in water, it will be a case of shabah-i-’amd according to
Imâm A’zam Abû Hanîfa. If the murderer has made a habit of
strangling to death, he will be killed. Once he has been brought to
the court of law, his tawba will no longer be acceptable. If he is
confined in a room and dies of hunger, nothing will be necessary.
The fatwâ states that this is so. According to the Two Imâms, a
diyat will have to be paid in all the (aforesaid) cases. If the
homicide is perpetrated by burying the victim in the earth, a diyat
will be incumbent on the murderer’s ’âqila.
If a person dies upon being thrown before ferocious animals or
among snakes and scorpions, ‘qaved’ or ‘diyat’ will not be
required. It has been stated (by scholars) that a diyat also will be
required for battery followed by confinement until the victim dies.
If a child is subjected to the aforesaid treatments or is exposed to
very hot or cold weather, the guilty person’s ’âqila will have to pay
a diyat.
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