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Does al-Tirmidhi's statement "practice is in accordance with this" in the chapter on "What is reported about a man who kills his son," in which he says, "If a father kills his son, he is not subject to qisas," mean that this statement is consistent with the text of the hadith: "I was present when the Messenger of Allah, may Allah bless him and grant him peace, applied qisas to a father for killing his son, but did not apply qisas to a son for killing his father," or is it contrary to it?

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The hadiths "A father is not killed for [killing] his child" are considered defective (mu'allalah) and disconnected (munqati'ah), yet the people of knowledge have acted upon them. Imam Al-Shafi'i mentioned that he preserved from a number of people of knowledge that a father is not killed for [killing] his child, and this is what he adopted. Furthermore, Umar ruled with blood money for one who killed his son, and the Companions did not object to him. The majority of jurists hold that a father is not killed for [killing] his child, citing these hadiths and others, such as the hadith: "You and your wealth belong to your father," because fatherhood is a doubt (shubhah) that averts qisas, and because the father is the cause of the child's existence, so he should not be the cause of his execution.

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Source platform
Ftawy
Original fatwa ID
38474
Imported
Translation status
Source text, unreviewed
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