Quasi-deliberate killing

Sayyiduna Abdullah bin Umar (may Allah be pleased with them both) narrates from the Messenger of Allah (peace and blessings be upon him) that he said: "In a killing that is deliberate yet accidental (shibh al-'amd), done with a whip or a stick, the diyah is 100 camels of the heavy (mughallazah) kind, among which there must be 40 she-camels with young in their bellies."

Muhammad bin Ishaq bin Khuzaymah (may Allah have mercy on him) said: I attended the gathering of al-Muzani (may Allah have mercy on him), and a questioner from Iraq asked about accidental killing that resembles deliberate killing (shibh al-'amd). The questioner said: "Allah Almighty has described killing in His Book in two categories, deliberate killing and accidental killing, so why do you say that it has three categories, and why do you make a third category under the name shibh al-'amd?" That is, Imam al-Muzani (may Allah have mercy on him) had taken this very hadith as his proof. Al-Muzani's (may Allah have mercy on him) opponent in the debate said: "Do you take Ali bin Zayd bin Jud'an as proof?" Imam al-Muzani (may Allah have mercy on him) fell silent, so I said to his opponent: "Others besides Ali bin Zayd have also narrated this hadith (about shibh al-'amd)." He said: "Who are they?" I said: "Ayyub al-Sakhtiyani and Khalid al-Hadhdha'." He said to me: "Who is Uqbah bin Aws?" I said: "Uqbah bin Aws is a man from the people of Basrah, from whom Ibn Sirin (may Allah have mercy on him) narrates despite his eminence in knowledge." Then he said to Imam al-Muzani (may Allah have mercy on him): "Are you debating with me, or is he?" Imam al-Muzani (may Allah have mercy on him) replied: "When it comes to hadith, he is the debater, and since he knows hadith better than I do, he is the debater here; then I will speak."

Sayyiduna Abdullah bin Amr (may Allah be pleased with them both) narrates from the Prophet (peace and blessings be upon him): "In accidental killing that resembles deliberate killing (shibh al-'amd), done with a whip or a stick, 100 camels are to be given, and among them there must be forty pregnant she-camels."

Uqbah bin Aws (may Allah have mercy on him) narrates from one of the Companions (may Allah be pleased with them) that the Messenger of Allah (peace and blessings be upon him) said on the day of the Conquest of Makkah: "In accidental killing that resembles deliberate killing (shibh al-'amd), done with a whip or a stick, the diyah is of the heavy (mughallazah) kind, and among them there must be 40 animals with young in their bellies."

Sayyiduna Abdullah bin Amr (may Allah be pleased with them both) said: The Prophet (peace and blessings be upon him) delivered a sermon on the day of the Conquest of Makkah and then narrated a long hadith, in which there was also: "Beware! For accidental killing that resembles deliberate killing (shibh al-'amd), done with a whip or a stick, the diyah is 100 camels, 40 of which must be pregnant."
Similarly, there is also a marfu' narration from Amr bin Shu'ayb, from his father, from his grandfather, about deliberate killing, shibh al-'amd and accidental killing; it will come, in sha' Allah, in the Book of Diyat (Blood Money).

Tawus (may Allah have mercy on him) narrates from the Prophet (peace and blessings be upon him) that he (peace and blessings be upon him) said: "Whoever is killed by mistake, or is struck by an arrow without it being known because of some cover, or is killed while being whipped or struck with a stick, that is accidental killing and there is diyah for it. Whoever kills deliberately, there is retaliation for it. And whoever stands in the way of the prescribed punishments, upon him is the curse of Allah and His wrath, and none of his deeds, whether obligatory or voluntary, will be accepted."
This report is mursal.

It is narrated from Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) that the Prophet (peace and blessings be upon him) said: "Whoever is killed by mistake, that is, an arrow strikes him by mistake, or he dies from a whip or a stick, that is accidental killing and there is diyah for it. Whoever kills deliberately, there is retaliation for it. And whoever stands in the way of the prescribed punishments, upon him is the curse of Allah, the angels and all the people, and none of his deeds, obligatory or voluntary, will be accepted."

Sayyiduna Ibn Abbas (may Allah be pleased with them both) said that the Messenger of Allah (peace and blessings be upon him) said: "In shibh al-'amd the diyah is of the heavy (mughallazah) kind, and the one who commits it is not killed in retaliation. It happens like this: Satan stirs up trouble among the people of a tribe, and stones are thrown blindly among them, without any grudge and without anyone carrying weapons."

It is narrated from Sayyiduna Abu Hurayrah (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) said: "Whoever unjustly strikes someone with a whip, Allah will take retaliation from him on the Day of Resurrection."