The Weakness of the Hadith: (The Parent Is Not Executed for the Child)
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[The weakness of the hadith: (The Parent Is Not Executed for the Child)]
Regarding the saying of the Messenger of Allah (peace and blessings be upon him): (The Parent Is Not Executed for the Child) Does this ruling apply to the mother?The Shaykh: This hadith is not authentic from the Messenger of Allah (peace and blessings be upon him), but it is well-known among the jurists.For this reason, the scholars differed: Is the parent executed for the child or not?And the correct view is: That he is executed for it.And how can we say: This man who intentionally killed his child is not executed for it.And Allah Mighty and Majestic says: [Al-Baqarah: 178],And he says: [Al-Ma'idah: 45] And it is also established in the Sunnah that a life is for a life: (The blood of a Muslim is not lawful except in one of three cases: a life for a life) So we execute him. And if we execute him based on the general evidence,Then the saying: That the parent is not executed for the child is a weak opinion. The hadith is well-known among the jurists, but it is weak. It is not possible to prevent the retaliation indicated by the texts in such a weak hadith.They say: By reasoning as well: because the parent is the cause of the child's existence, so the child should not be the cause of his execution.
And we say: This reason is flawed, indeed dead. Is the child the one who was the cause of his father's execution if he killed him, or is the cause the father?The questioner: The father is the cause.
The Shaykh: The father is the cause. He is the one who killed him. Why would he kill him? So the reasoning is invalid, the hadith is weak, and the texts are general regarding the obligation of a life for a life.
As for the opinion: That the parent is not executed for the child, they do not distinguish between the mother and the father.They say: The mother is not executed for her child, and the father is not executed for his child.
The questioner: Regarding the text of the hadith, does it not restrict the verse sometimes?The Shaykh: No.
It is not valid.
The questioner: Many scholars graded it as good.
The Shaykh: Let us leave aside those who graded it as good, but we see that it is weak. And its being good does not allow for its weakness; because a good hadith is known to be a degree below an authentic one, and it cannot restrict a clear generality in the Qur'an and Sunnah.Then we say: What kind of intellect and what kind of severance is greater than a parent killing his son over a dispute between them, laying him down, taking a knife, and slaughtering him? The greatest severance. And we reward the one who severs family ties by preventing him from being executed.
And here is a benefit: Some people authenticate or grade hadiths as good based on the apparent chain of narration, then they do not pay attention to the meaning.Although the scholars said: One of the conditions of authenticity and goodness is that it not be defective or anomalous. So after you look at the chain of narration, you must look at the meaning: Is it contrary to the principles of the Shari'ah or not?Look, for example, at the hadith: (The meat of cows is a disease, and their milk is a cure) This hadith is false, and it is not permissible for a person to believe it. Why? Because Allah explicitly stated the lawfulness of cows, their lawfulness for eating;So he said: [Al-An'am: 144] And He made them lawful. So how can Allah make lawful for His servants what is a disease for them?! Allah forbids disease upon His servants. Indeed, food may be good, and we forbid it for a person,If the doctors say, or it becomes well-known among the people: That this food affects the person, and it is good.We say: It is forbidden for this person due to harm. How can the meat of cows be a disease, and then the Lord of the servants, who is more merciful to the mother than she is to her child, make it lawful?! For example: If a person came and authenticated this hadith,We say: He erred in its authentication. This is a rule I wish students of knowledge would pay attention to.
Regarding the saying of the Messenger of Allah (peace and blessings be upon him): (The Parent Is Not Executed for the Child) Does this ruling apply to the mother?The Shaykh: This hadith is not authentic from the Messenger of Allah (peace and blessings be upon him), but it is well-known among the jurists.For this reason, the scholars differed: Is the parent executed for the child or not?And the correct view is: That he is executed for it.And how can we say: This man who intentionally killed his child is not executed for it.And Allah Mighty and Majestic says:
O you who have believed, prescribed for you is legal retribution for those murdered - the free for the free, the slave for the slave, and the female for the female
يَا أَيُّهَا الَّذِينَ آمَنُوا كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالْأُنْثَى بِالْأُنْثَىAnd We ordained for them therein a life for a life
وَكَتَبْنَا عَلَيْهِمْ فِيهَا أَنَّ النَّفْسَ بِالنَّفْسِAnd we say: This reason is flawed, indeed dead. Is the child the one who was the cause of his father's execution if he killed him, or is the cause the father?The questioner: The father is the cause.
The Shaykh: The father is the cause. He is the one who killed him. Why would he kill him? So the reasoning is invalid, the hadith is weak, and the texts are general regarding the obligation of a life for a life.
As for the opinion: That the parent is not executed for the child, they do not distinguish between the mother and the father.They say: The mother is not executed for her child, and the father is not executed for his child.
The questioner: Regarding the text of the hadith, does it not restrict the verse sometimes?The Shaykh: No.
It is not valid.
The questioner: Many scholars graded it as good.
The Shaykh: Let us leave aside those who graded it as good, but we see that it is weak. And its being good does not allow for its weakness; because a good hadith is known to be a degree below an authentic one, and it cannot restrict a clear generality in the Qur'an and Sunnah.Then we say: What kind of intellect and what kind of severance is greater than a parent killing his son over a dispute between them, laying him down, taking a knife, and slaughtering him? The greatest severance. And we reward the one who severs family ties by preventing him from being executed.
And here is a benefit: Some people authenticate or grade hadiths as good based on the apparent chain of narration, then they do not pay attention to the meaning.Although the scholars said: One of the conditions of authenticity and goodness is that it not be defective or anomalous. So after you look at the chain of narration, you must look at the meaning: Is it contrary to the principles of the Shari'ah or not?Look, for example, at the hadith: (The meat of cows is a disease, and their milk is a cure) This hadith is false, and it is not permissible for a person to believe it. Why? Because Allah explicitly stated the lawfulness of cows, their lawfulness for eating;So he said: