against him.

Points derived from the ḥadith:

1 – The ḥadith shows that a parent is not executed in retaliation for killing his or her child, because the child is considered an extension of the parent. The same exemption applies to all descendants, no matter how far down the line—whether through sons or daughters—and it applies equally to both mother and father. Likewise, it includes the grandparents on both the paternal and maternal sides, however remote, according to most scholars who drop qiṣāṣ from the father.

2 – This is the view of the three imams—Abū Ḥanīfah, al-Shāfiʿī, and Aḥmad—as well as ʿUmar ibn al-Khaṭṭāb, Rabīʿah al-Raʾy, al-Thawrī, al-Awzāʿī, and Isḥāq.

3 – Imām Mālik, however, holds that if the father forces the child to the ground and slaughters him, he is subject to retaliation; otherwise, he is not.

4 – The majority’s proof is this very ḥadith. Ibn ʿAbd al-Barr said: “This ḥadith is well-known among the scholars of the Hijaz and Iraq; it is widespread among them, and its fame, acceptance, and practice based upon it make citing its isnād unnecessary—producing a chain for something so famous would be mere affectation.”

5 – By contrast, retaliation is carried out against the child for killing a parent—whether the victim is the father or the mother—in accordance with the general texts, for the specific exemption applies only to the parent.

6 – Scholars explain the difference between parent and child by noting that the need for deterrence is more pronounced on the child’s side than on the parent’s. A parent loves the child for the child’s own sake, without expecting benefit in return, seeking only to preserve his lineage; this naturally inclines him to protect the child’s life. The child, however, loves the parent for the benefit he receives through the parent, and that motive does not necessarily entail concern for the parent’s life.

7 – Restricting the exemption from qiṣāṣ to the case of a parent killing a child indicates that retaliation remains in force for all other relatives—a view held by the overwhelming majority of scholars.