The killing of a child and who bears the blood money and expiation for it
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, may Allah guide you, if a man kills a boy who has not reached puberty, is it considered intentional killing? Does his family (aqilah) have to pay the blood money?
The Shaykh:
Yes. The intentional killing of a child, as you know, the intentional killing of a child and a madman is considered accidental. The blood money is on the aqilah, and the expiation is obligatory from the child's wealth if he has wealth. If not, when he grows up and reaches puberty, he must fast two consecutive months. Yes.
The presenter:
And.
The Shaykh:
Some scholars say that the child has no expiation. This is the stronger position among the scholars: the child has no expiation because he is not accountable, and obligations are only obligatory for those who are accountable. Yes.
Honorable Shaykh, may Allah guide you, if a man kills a boy who has not reached puberty, is it considered intentional killing? Does his family (aqilah) have to pay the blood money?
The Shaykh:
Yes. The intentional killing of a child, as you know, the intentional killing of a child and a madman is considered accidental. The blood money is on the aqilah, and the expiation is obligatory from the child's wealth if he has wealth. If not, when he grows up and reaches puberty, he must fast two consecutive months. Yes.
The presenter:
And.
The Shaykh:
Some scholars say that the child has no expiation. This is the stronger position among the scholars: the child has no expiation because he is not accountable, and obligations are only obligatory for those who are accountable. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 70 من 89|شرح العدة في شرح العمدة|كتاب الجنايات|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:12:59)
The Arabic text is a machine transcription of the audio recording.