The addition implies his ownership of him. So, if the reality of ownership is not established, the addition remains a doubt (shubhah) in warding off (5) retaliation, for it is warded off by doubts. Furthermore, he is the cause of his existence, so he should not be permitted to use his causation as a means to his execution. What we have mentioned sets these general rules apart; the father differs from all other people, for if they were to kill by a stray strike of a sword, retaliation would be mandatory upon them, whereas the father is the opposite.

Section: The grandfather, even if he ascends, is like the father in this regard, whether he is from the paternal side or the maternal side, according to the opinion of the majority of those who dismiss retaliation from the father. Al-Hasan ibn Hayy said: He is to be killed for him. Our position is that he is a parent, so he enters into the generality of the text. Also, because this is a ruling related to lineage, so the near and the far are equal in it, like the state of being an unmarriageable relative (mahram), and emancipation if he owns him. The grandfather from the [maternal side is like the grandfather from the paternal side] (6), because the son of the daughter is called a son. The Prophet, peace and blessings of Allah be upon him, said [regarding al-Hasan] (7): "This son of mine is a master" (8).

1426- Issue; he said: (And the mother in that is like the father).

This is the correct position in the School (Madhhab), and it is the practice according to those who dismiss retaliation from the father. It has been narrated from Ahmad, may Allah have mercy on him, what indicates that it is not dismissed from the mother, for Muhanna reported from him, regarding a mother of a child (umm walad) who killed her master intentionally: She is to be killed. He said: Who kills her? He said: Her son. This indicates the necessity of retaliation upon the mother for killing her son. Abu Bakr derived two narrations from it; one of them is that the mother is to be killed for her son, because she has no guardianship (wilayah) over him, so she is killed for him, like a brother. The correct view is the first, due to the saying of the Prophet, peace and blessings of Allah be upon him: "A parent shall not be killed for his child" (1). And because she is one of the two parents, she resembles the father. And because she is more deserving of kindness (birr), she is more deserving of the negation of retaliation from her, and guardianship is not to be considered, evidenced by the absence of