"A father is not executed for his son": Does this include the mother?
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The questioner :Jami` at-Tirmidhi 1400Da'if (Darussalam) Does this ruling apply to the mother?
The Shaykh : May Allah keep you safe. This hadith is not authentic from the Messenger (peace and blessings be upon him), but it is well-known among the jurists. Therefore, the scholars differed: Is a father executed for his son or not? The correct view is that he is executed for it. How can we say that this man who intentionally killed his son is not executed for it, while Allah the Mighty and Majestic says:[Al-Baqarah 2:178] and He says: [Al-Ma'idah 5:45] Also, the Sunnah is authentic that a life is taken for a life Sunan an-Nasa'i 4721Sahih (Darussalam) So we execute him.
The questioner : Shaykh, this hadith was graded as good (hasan).
The Shaykh : Stay with me. We execute him. And if we execute him based on the general evidences, then the statement that a father is not executed for his son is a weak statement. The hadith is well-known among the jurists, but it is weak, and we cannot prevent qisas (retaliation in kind), which the texts indicate, with such a weak hadith. They also argue by reasoning (ta'leel) that the father is the cause of the son's existence, so the son should not be the cause of his execution.
And we say: This cause is defective, indeed dead. Was the son the cause of his father's execution when he killed him, or was the father the cause? I ask you.
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 view that a father is not executed for his son, they do not distinguish between the mother and the father. They say: The mother is not executed for her son, and the father is not executed for his son. Do you understand?
The questioner : But I have an observation. I have an observation.
The Shaykh : Yes.
The questioner : Regarding the text of the hadith, does it sometimes restrict the verse?
The Shaykh : No, but it is not authentic.
The questioner : No, many scholars have graded it as good (hasan).
The Shaykh : Let us leave aside those who graded it as good, but we see that it is weak. Furthermore, even if it were good, it cannot restrict a clear generality in the Qur'an and Sunnah because of its weakness, since a good (hasan) hadith is known to be below the level of authentic (sahih). Then we say: What kind of intellect and what kind of severance is more severe than a father killing his son due to a dispute between them, laying him down, taking a knife, and slaughtering him? This is the greatest severance. And we reward the one who severs family ties by preventing his execution.
The questioner : May Allah reward you.
The Shaykh : And here is a benefit, my brothers. Some people authenticate or grade hadiths as good (hasan) based on the apparent chain of narration, then they do not pay attention to the meaning. Yet the scholars of knowledge said: One of the conditions for authenticity and goodness is that it not be defective (ma'lul) or anomalous (shadhdh). 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: This hadith is invalid and it is not permissible for a person to believe it. Why? Because Allah explicitly stated the permissibility of cows for eating, saying: [Al-An'am 6:144] Yes, and He made them permissible. How can Allah make permissible for His servants what is a disease for them? Indeed, Allah forbids disease for His servants. In fact, food may be good, and we forbid it for a specific person. Do you understand?
In fact, food may be good, and we forbid it for a specific person. If the doctors say, or if it is established among people, that this food affects a 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 servants, who is more merciful to servants than a mother is to her son, make it permissible? More merciful than a mother is to her son. So, for example, if a person came and authenticated this hadith, we would say: It is a mistake, a mistake in its authentication. This is a principle I wish students of knowledge would pay attention to. Yes, after that.
The father does not suffer retaliation for [killing] the son.
لا يقاد الوالد بالولدThe Shaykh : May Allah keep you safe. This hadith is not authentic from the Messenger (peace and blessings be upon him), but it is well-known among the jurists. Therefore, the scholars differed: Is a father executed for his son or not? The correct view is that he is executed for it. How can we say that this man who intentionally killed his son is not executed for it, while Allah the 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 بِالنَّفْسِIt is not permissible to shed the blood of a Muslim except in one of three cases: A soul for a soul
لا يحل دم امرئ مسلم إلا بإحدى ثلاث : النفس بالنفسThe questioner : Shaykh, this hadith was graded as good (hasan).
The Shaykh : Stay with me. We execute him. And if we execute him based on the general evidences, then the statement that a father is not executed for his son is a weak statement. The hadith is well-known among the jurists, but it is weak, and we cannot prevent qisas (retaliation in kind), which the texts indicate, with such a weak hadith. They also argue by reasoning (ta'leel) that the father is the cause of the son's existence, so the son should not be the cause of his execution.
And we say: This cause is defective, indeed dead. Was the son the cause of his father's execution when he killed him, or was the father the cause? I ask you.
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 view that a father is not executed for his son, they do not distinguish between the mother and the father. They say: The mother is not executed for her son, and the father is not executed for his son. Do you understand?
The questioner : But I have an observation. I have an observation.
The Shaykh : Yes.
The questioner : Regarding the text of the hadith, does it sometimes restrict the verse?
The Shaykh : No, but it is not authentic.
The questioner : No, many scholars have graded it as good (hasan).
The Shaykh : Let us leave aside those who graded it as good, but we see that it is weak. Furthermore, even if it were good, it cannot restrict a clear generality in the Qur'an and Sunnah because of its weakness, since a good (hasan) hadith is known to be below the level of authentic (sahih). Then we say: What kind of intellect and what kind of severance is more severe than a father killing his son due to a dispute between them, laying him down, taking a knife, and slaughtering him? This is the greatest severance. And we reward the one who severs family ties by preventing his execution.
The questioner : May Allah reward you.
The Shaykh : And here is a benefit, my brothers. Some people authenticate or grade hadiths as good (hasan) based on the apparent chain of narration, then they do not pay attention to the meaning. Yet the scholars of knowledge said: One of the conditions for authenticity and goodness is that it not be defective (ma'lul) or anomalous (shadhdh). 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
إن لحوم البقر داء وألبانها شفاءand of the cattle, two
وَمِنَ الْبَقَرِ اثْنَيْنِIn fact, food may be good, and we forbid it for a specific person. If the doctors say, or if it is established among people, that this food affects a 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 servants, who is more merciful to servants than a mother is to her son, make it permissible? More merciful than a mother is to her son. So, for example, if a person came and authenticated this hadith, we would say: It is a mistake, a mistake in its authentication. This is a principle I wish students of knowledge would pay attention to. Yes, after that.