سنن ترمذي
Tirmidhi
كتاب الديات عن رسول الله صلى الله عليه وسلمThe Book on Blood Money
باب مَا جَاءَ فِي الرَّجُلِ يَقْتُلُ ابْنَهُ يُقَادُ مِنْهُ أَمْ لاَChapter: What Has Been Related About A Man Who Kills His Son: Is He To Suffer Requital For Him Or Not ?
Hadith 1400
اُردوEn
حَدَّثَنَا أَبُو سَعِيدٍ الْأَشَجُّ، حَدَّثَنَا أَبُو خَالِدٍ الْأَحْمَرُ، عَنْ الْحَجَّاجِ بْنِ أَرْطَاةَ , عَنْ عَمْرِو بْنِ شُعَيْبٍ , عَنْ أَبِيهِ , عَنْ جَدِّهِ , عَنْ عُمَرَ بْنِ الْخَطَّابِ , قَالَ : سَمِعْتُ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، يَقُولُ : " لَا يُقَادُ الْوَالِدُ بِالْوَلَدِ " .
´Narrated 'Umar bin Al-Khattab:` that the Messenger of Allah (ﷺ) said: "The father does not suffer retaliation for [killing] the son."
Related hadith on this topic
Explanation & Benefits
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
The reason for this is that the father is the cause of the son's existence; therefore, it is not permissible for the son to be the cause of the father's demise.
Note:
(Based on corroborating narrations and supporting evidence, this hadith is considered sahih li ghayrihi (authentic due to external evidence); otherwise, "Hajjaj ibn Arta'ah" is a narrator about whom there is criticism.)
1:
The reason for this is that the father is the cause of the son's existence; therefore, it is not permissible for the son to be the cause of the father's demise.
Note:
(Based on corroborating narrations and supporting evidence, this hadith is considered sahih li ghayrihi (authentic due to external evidence); otherwise, "Hajjaj ibn Arta'ah" is a narrator about whom there is criticism.)
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1400
Maulana Ataullah Sajid
Benefits and Issues:
Our esteemed researcher has declared the mentioned narration to be weak in its chain of transmission, whereas other scholars have graded it as hasan (good) and sahih (authentic). Therefore, despite the narration being weak in its chain, it is still actionable and authoritative.
For further details, see: (Al-Mawsu‘ah al-Hadithiyyah, Musnad al-Imam Ahmad: 1/16, 22, 49; Al-Irwa’: 7/271, no. 2214; Sunan Ibn Majah, edited by Dr. Bashar ‘Awwad, no. 2662)
Accordingly, if a child is killed by the hands of the parents, then the mother or father will not be killed in retribution (qisas); however, another appropriate punishment is necessary, such as the mention of taking blood money (diyah) in hadith 2646.
Our esteemed researcher has declared the mentioned narration to be weak in its chain of transmission, whereas other scholars have graded it as hasan (good) and sahih (authentic). Therefore, despite the narration being weak in its chain, it is still actionable and authoritative.
For further details, see: (Al-Mawsu‘ah al-Hadithiyyah, Musnad al-Imam Ahmad: 1/16, 22, 49; Al-Irwa’: 7/271, no. 2214; Sunan Ibn Majah, edited by Dr. Bashar ‘Awwad, no. 2662)
Accordingly, if a child is killed by the hands of the parents, then the mother or father will not be killed in retribution (qisas); however, another appropriate punishment is necessary, such as the mention of taking blood money (diyah) in hadith 2646.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2662
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه الترمذي، الديات، باب ما جاء في الرجل يقتل ابنه يقاد منه أم لا، حديث:1400، وأحمد:1 /16، 22، وابن ماجه، الديات، حديث:2662، والبيهقي:8 /82، وانظر، التلخيص الحبير(4 /17).»©Explanation:
➊ The aforementioned narration has been declared weak in its chain of transmission (isnad) by our esteemed researcher, whereas other scholars have deemed it hasan (good) and sahih (authentic) due to supporting evidences, and their opinion appears to be closer to correctness. Therefore, despite the narration being weak in its chain, it is acceptable as evidence on the basis of other supporting narrations.
For further details, see: (Al-Mawsu‘ah al-Hadithiyyah, Musnad al-Imam Ahmad: 1/16, 22, 49; Al-Irwa’: 7/271, no. 2214)
➋ The meaning of the aforementioned hadith is that when a man kills his own son, the father will not be killed in retaliation (qisas); however, another appropriate punishment is necessary. As mentioned in the narrations of Muwatta’ Imam Malik (2/867) and Sunan Ibn Majah (hadith: 2646), the taking of blood money (diyah) is mentioned.
Most of the salaf also hold the opinion that in place of retaliation (qisas), blood money (diyah) will be taken from the father.
«أخرجه الترمذي، الديات، باب ما جاء في الرجل يقتل ابنه يقاد منه أم لا، حديث:1400، وأحمد:1 /16، 22، وابن ماجه، الديات، حديث:2662، والبيهقي:8 /82، وانظر، التلخيص الحبير(4 /17).»©Explanation:
➊ The aforementioned narration has been declared weak in its chain of transmission (isnad) by our esteemed researcher, whereas other scholars have deemed it hasan (good) and sahih (authentic) due to supporting evidences, and their opinion appears to be closer to correctness. Therefore, despite the narration being weak in its chain, it is acceptable as evidence on the basis of other supporting narrations.
For further details, see: (Al-Mawsu‘ah al-Hadithiyyah, Musnad al-Imam Ahmad: 1/16, 22, 49; Al-Irwa’: 7/271, no. 2214)
➋ The meaning of the aforementioned hadith is that when a man kills his own son, the father will not be killed in retaliation (qisas); however, another appropriate punishment is necessary. As mentioned in the narrations of Muwatta’ Imam Malik (2/867) and Sunan Ibn Majah (hadith: 2646), the taking of blood money (diyah) is mentioned.
Most of the salaf also hold the opinion that in place of retaliation (qisas), blood money (diyah) will be taken from the father.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 997
