excerpt from Shaykh Mubashar Ahmad Rabbani’s book “Ahkām wa Masā’il – In the Light of the Qur’an and Sunnah”:
A woman was asleep at night. As she turned in her sleep, her breastfeeding infant came under her and passed away. In such a case, will the mother be executed in retribution (qiṣāṣ)? Please explain in light of the Qur’an and Sunnah.
If such an incident occurs, the mother will not be executed in retribution (qiṣāṣ). There are several reasons for this ruling:
Sayyidunā ʿAbdullāh ibn ʿAmr رضي الله عنهما narrated that a man from the tribe of Banū Mudlij had a slave woman with whom he had a son. The father would make use of the son’s services. When the son grew up, one day the man summoned the slave woman and gave her some instructions. The son objected, saying:
“She will not come to you unless you seek my mother’s permission.”
The father became angry and struck him with a sword, severing his leg. The boy bled and eventually died. The father then came to Sayyidunā ʿUmar ibn al-Khaṭṭāb رضي الله عنه along with members of his tribe. ʿUmar رضي الله عنه said:
“O enemy of your own soul! You have killed your own son! Had I not heard the Messenger of Allah ﷺ say:
‘A father is not to be killed in retribution for his child,’
I would have executed you.”
al-Muntaqā li Ibn al-Jārūd, Ḥadīth 788
Dāraqutnī 3/140–141
al-Bayhaqī 8/38
Imām Ḥāfiẓ Ibn Ḥajar al-ʿAsqalānī رحمه الله wrote in Talkhīṣ al-Ḥabīr (4/16, Ḥadīth 15964) that Imām al-Bayhaqī graded the chain as authentic (ṣaḥīḥ) because its narrators are trustworthy.
Thus, if the father is not executed for killing his child, then the mother—being even more compassionate—deserves greater exemption from qiṣāṣ.
If someone accidentally harms another while asleep, they are not held legally accountable. The Messenger of Allah ﷺ said:
“The pen has been lifted from three people:
from the one who is asleep until he awakens,
from the child until he reaches maturity,
and from the insane person until he regains sanity.”
Sunan Ibn Mājah, Book of Divorce, Chapter: Divorce of the Insane, Child, or Asleep, Ḥadīth 2041
Since a sleeping person is not morally accountable, there is no retribution (qiṣāṣ) upon someone who unintentionally causes death while asleep.
According to the jurists and ḥadīth scholars, one of the essential conditions for applying qiṣāṣ (retaliatory punishment) is that the perpetrator must be fully mentally aware and responsible.
This excludes individuals who are:
Bidāyat al-Mujtahid 2/396
al-Sharḥ al-Kabīr 9/350
Badā’iʿ al-Ṣanā’iʿ 7/234
In the given case, since the mother was asleep and the act was unintentional, and considering the general exemption granted to parents and unaware individuals, she is not to be executed in qiṣāṣ.
(And Allah knows best.)
❖ Question:
A woman was asleep at night. As she turned in her sleep, her breastfeeding infant came under her and passed away. In such a case, will the mother be executed in retribution (qiṣāṣ)? Please explain in light of the Qur’an and Sunnah.
❖ Answer:
If such an incident occurs, the mother will not be executed in retribution (qiṣāṣ). There are several reasons for this ruling:
① Narration Regarding a Father Who Killed His Son:
Sayyidunā ʿAbdullāh ibn ʿAmr رضي الله عنهما narrated that a man from the tribe of Banū Mudlij had a slave woman with whom he had a son. The father would make use of the son’s services. When the son grew up, one day the man summoned the slave woman and gave her some instructions. The son objected, saying:
“She will not come to you unless you seek my mother’s permission.”
The father became angry and struck him with a sword, severing his leg. The boy bled and eventually died. The father then came to Sayyidunā ʿUmar ibn al-Khaṭṭāb رضي الله عنه along with members of his tribe. ʿUmar رضي الله عنه said:
“O enemy of your own soul! You have killed your own son! Had I not heard the Messenger of Allah ﷺ say:
‘A father is not to be killed in retribution for his child,’
I would have executed you.”
al-Muntaqā li Ibn al-Jārūd, Ḥadīth 788 Dāraqutnī 3/140–141 al-Bayhaqī 8/38Imām Ḥāfiẓ Ibn Ḥajar al-ʿAsqalānī رحمه الله wrote in Talkhīṣ al-Ḥabīr (4/16, Ḥadīth 15964) that Imām al-Bayhaqī graded the chain as authentic (ṣaḥīḥ) because its narrators are trustworthy.
Thus, if the father is not executed for killing his child, then the mother—being even more compassionate—deserves greater exemption from qiṣāṣ.
② No Liability for the Sleeping Person:
If someone accidentally harms another while asleep, they are not held legally accountable. The Messenger of Allah ﷺ said:
“The pen has been lifted from three people:
from the one who is asleep until he awakens,
from the child until he reaches maturity,
and from the insane person until he regains sanity.”
Sunan Ibn Mājah, Book of Divorce, Chapter: Divorce of the Insane, Child, or Asleep, Ḥadīth 2041Since a sleeping person is not morally accountable, there is no retribution (qiṣāṣ) upon someone who unintentionally causes death while asleep.
③ Legal Condition for Qiṣāṣ: Mental Responsibility
According to the jurists and ḥadīth scholars, one of the essential conditions for applying qiṣāṣ (retaliatory punishment) is that the perpetrator must be fully mentally aware and responsible.
This excludes individuals who are:
- Insane,
- Mentally unstable,
- Unconscious,
- Or asleep at the time of the act.
Bidāyat al-Mujtahid 2/396 al-Sharḥ al-Kabīr 9/350 Badā’iʿ al-Ṣanā’iʿ 7/234❖ Conclusion:
In the given case, since the mother was asleep and the act was unintentional, and considering the general exemption granted to parents and unaware individuals, she is not to be executed in qiṣāṣ.
(And Allah knows best.)
