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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Difference Between a Father Killing His Child by Slaughtering Him and by Other Means

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Question:
It is not only Satan. Imam Malik (may Allah have mercy on him) said that the father is killed for the child if he slaughters him, because he takes him for slaughter. The question is: What is the difference between this and if he killed him with a weapon, for example? In that case, he is intentional, even if he did not slaughter him?

Answer:
If he killed him with a weapon, it is possible that it was an accident. If he shot at him, it is possible that it was an accident; it is possible that he did not intend to slaughter him, but rather shot at something else. However, if he laid him down and slaughtered him with a knife, there is no room for the excuse that he did not intend to kill him. Imam Malik (may Allah have mercy on him) seeks an excuse for him as much as possible. If there is no excuse, then it is obligatory for him to be subjected to retaliation (qisas) if he laid him down and slaughtered him. There is no possibility in that case. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 71 من 89|شرح العدة في شرح العمدة|كتاب الجنايات|باب شروط وجوب القصاص واستيفائه|صالح الفوزان|الفقه — youtube.com (53:21)

The Arabic text is a machine transcription of the audio recording.

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