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Text and translation
English translation
1399. Surāqah bin Mālik bin [Ju‘shum] narrated: “The Messenger of Allāh ﷺ judged that the son is to suffer retaliation for
[killing] his father, but the father is not to suffer retaliation for [killing] his son.” (Da'if)
[Abū 'Eisā said:] We do not know of this Hadīth as a narration of Surāqah except from this route. Its chain is not correct. Ismā'īl bin 'Ayyāsh reported it from Al-Muthanna bin Aṣ-Ṣabbāh, and Al-Muthanna bin Aṣ-Ṣabbāh has been graded weak in Hadīth. Abū Khālid bin Al-Aḥmar reported this Hadīth from Al-Hajjāj [bin Arṭāh], from 'Amr bin Shu'bah, from his father, from his grandfather, from 'Umar, from the Prophet ﷺ. This Hadīth has also been reported from Shu'bah in Mursal form. There is confusion (Iḏtirāb) in the narration of this Hadīth.
This is acted upon according to the people of knowledge; the father is not to be killed for killing his son, and when he falsely accuses his son, he is not punished legally.
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Commentary
Apparently the father is a cause of a son's existence in this world; therefore, the son should not become the reason of the father's demise. Imām Rabī'ah, Ath-Thawrī, Al-Awzā'ī, Ash-Shāfī'ī, Ahmad, Ishāq, and Abū Hanīfah all have the same point of view. (Al-Mughnī v. 1 p. 483.)
