Chapter on One Whose Mistake is Considered Intentional

Ibn Mahbub narrated from Abu Ayyub from Ḍurays Al-Kunnasi, who said: I asked Abu Abdullah عليه السلام about a woman and a slave who accidentally killed a man. Imam عليه السلام said: "The mistake (khaṭaʾ) of a woman and a slave is considered like intentional killing (Amd). If the heirs of the murdered person wish to kill both of them, they may do so." Imam عليه السلام continued: "If the value of the slave exceeds five thousand dirhams, they must return to the master of the slave the excess amount beyond five thousand dirhams. If they wish, they may execute the woman and take the slave, unless his value exceeds five thousand dirhams, in which case they must pay the master the excess amount beyond five thousand dirhams to take the slave. Alternatively, the master of the slave may ransom him. And if the value of the slave is less than five thousand dirhams, then they only have the right to take the slave."