A parent is not executed for their child: Does this include the mother?
Machine translationRead the Arabic original
The questioner : His saying (peace and blessings be upon him).
The Shaykh : Between.
The questioner :Jami` at-Tirmidhi 1400Da'if (Darussalam) Does this ruling apply to the mother?
The Shaykh : May Allah preserve you, 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 the parent executed for the child 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 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 the parent is not executed for the child 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 say: By reasoning (ta'leel) as well, because the parent was the cause of the child's existence, so the child should not be the cause of his execution.
And we say: This cause is defective, rather dead. Was the child 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 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. Did you understand?
The questioner : But I have an observation, an observation I have.
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. Then, even if it were good, it cannot be [relied upon] because of its weakness, for the good (hasan) is known to be below the level of the authentic (sahih).
The Shaykh : Between.
The questioner :
The father does not suffer retaliation for [killing] the son.
لا يقاد الوالد بالولدThe Shaykh : May Allah preserve you, 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 the parent executed for the child 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 the parent is not executed for the child 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 say: By reasoning (ta'leel) as well, because the parent was the cause of the child's existence, so the child should not be the cause of his execution.
And we say: This cause is defective, rather dead. Was the child 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 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. Did you understand?
The questioner : But I have an observation, an observation I have.
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. Then, even if it were good, it cannot be [relied upon] because of its weakness, for the good (hasan) is known to be below the level of the authentic (sahih).