The Effect of Intention in Killing with a Weapon Not Suitable for Killing
Machine translationRead the Arabic original
Question:
Honorable Shaykh, may Allah reward you, is intention considered in the case of killing such that if a person kills someone with a tool not suitable for killing, such as a wooden plank, but he intended and deliberately meant to kill the man in his heart, is this considered intentional killing?
Answer:
A wooden plank, my brother, a heavy object, a very heavy object, is suitable for killing. A wooden plank is a killing tool. A large stone is a killing tool. So, a killing tool is not limited to a sharp object. Even a heavy object, if he strikes with it intending to kill, it is intentional killing. A wooden plank and a large stone are suitable for killing. But a small stick or a small stone, or a strike with the palm, and he killed him, this is not intentional killing. This is quasi-intentional killing, because this type of assault is not usually suitable for killing. But a wooden plank is usually suitable for killing, so it is intentional killing. Yes.
Honorable Shaykh, may Allah reward you, is intention considered in the case of killing such that if a person kills someone with a tool not suitable for killing, such as a wooden plank, but he intended and deliberately meant to kill the man in his heart, is this considered intentional killing?
Answer:
A wooden plank, my brother, a heavy object, a very heavy object, is suitable for killing. A wooden plank is a killing tool. A large stone is a killing tool. So, a killing tool is not limited to a sharp object. Even a heavy object, if he strikes with it intending to kill, it is intentional killing. A wooden plank and a large stone are suitable for killing. But a small stick or a small stone, or a strike with the palm, and he killed him, this is not intentional killing. This is quasi-intentional killing, because this type of assault is not usually suitable for killing. But a wooden plank is usually suitable for killing, so it is intentional killing. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 76 من 89|شرح العدة في شرح العمدة|كتاب الديات|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:02:52)
The Arabic text is a machine transcription of the audio recording.
