Is a father liable to retaliation for his child? There is a man who cauterized his daughter for treatment, and this caused her death.
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The questioner : ...
The Shaykh : ... He cauterized his daughter for treatment, but she died. That is, the questioner is saying that the cause of the cauterization was the death?
The questioner : She died as a result of the cauterization, yes.
The Shaykh : Naturally, the answer is: he owes nothing, except if he was ignorant, in which case he is to be disciplined. As for the fact that he killed his daughter, the Prophet (peace and blessings be upon him) said:Sunan ad-Daraqutni 14:155 meaning: there is no retaliation. One who kills is killed, except a father who kills his child. Since the child is considered part of the father's earnings, there is no retaliation for him and he is not liable to retaliation for it.
The questioner : What kind of discipline, O Shaykh? You said he is to be disciplined?
The Shaykh : It returns to the ruler. He disciplines him in a way that achieves benefit, by way of discretionary punishment.
The Shaykh : ... He cauterized his daughter for treatment, but she died. That is, the questioner is saying that the cause of the cauterization was the death?
The questioner : She died as a result of the cauterization, yes.
The Shaykh : Naturally, the answer is: he owes nothing, except if he was ignorant, in which case he is to be disciplined. As for the fact that he killed his daughter, the Prophet (peace and blessings be upon him) said:
A father is not executed in retaliation for his son
لا يُقاد والد بولدهThe questioner : What kind of discipline, O Shaykh? You said he is to be disciplined?
The Shaykh : It returns to the ruler. He disciplines him in a way that achieves benefit, by way of discretionary punishment.