like the partner of a stranger. We do not concede that the father's act is not a warrant for retaliation; for it demands the obligation because it was purely intentional and hostile, and the crime involving it is greater in sin and more severe in offense, which is why Allah the Almighty specifically forbade it, saying: "And do not kill your children" [17:31]. Then He said: "Indeed, their killing is a great sin" [17:31]. When the Prophet, may Allah bless him and grant him peace, was asked about the greatest sin, he said: "That you set up a partner to Allah while He created you, then that you kill your child for fear that he might eat with you." He thus made it the greatest of sins after shirk (associating partners with Allah). Furthermore, he severed the ties of kinship that Allah the Almighty commanded to be maintained and placed harm where kindness was due; therefore, he is more deserving of the imposition of punishment and deterrent. The obligation was only withheld in the case of the father due to a meaning specific to the person (the father), not due to a deficiency in the cause that warrants it. Thus, it does not prevent its effect in the location where there is no impediment. As for the partner of the one who erred, we have a prohibition regarding that; and even if we were to concede it, the non-obligation in that case is due to the inadequacy of the cause to warrant it, for the act of the one who erred does not warrant retaliation nor is it fit for it, and the killing by him and his partner is not purely intentional due to the occurrence of error in the act that resulted in the loss of life, unlike our case.
Section: Every two partners for whom retaliation is prevented regarding one of them due to a meaning inherent in him—without any deficiency in the cause—is, in terms of the obligation of retaliation upon his partner, like the father and his partner. For example, if a Muslim and a Dhimmi (protected non-Muslim) participate in killing a Dhimmi, or a free person and a slave participate in killing a slave, intentionally and hostilely, then retaliation does not
(2) Surah al-Isra: 31. (3) Narrated by al-Bukhari, in: The chapter on the saying of Allah the Almighty: "Do not set up rivals to Allah while you know," and the chapter: "And those who do not invoke any other deity with Allah..." from the Book of Tafsir (Exegesis); in the chapter: Killing a child for fear he might eat with you, from the Book of Etiquette; in the chapter: The sin of adulterers, from the Book of Penalties; in the chapter: The saying of Allah the Almighty: "And whoever kills a believer intentionally, his recompense is Hell," from the Book of Blood-Money; and in the chapter: The saying of Allah the Almighty: "Do not set up rivals to Allah," from the Book of Tawhid (Monotheism). Sahih al-Bukhari 6/22, 137, 138; 8/9, 204; 9/2, 186. And Muslim, in: The chapter that shirk is the ugliest of sins and clarifying the greatest of them after it, from the Book of Faith. Sahih Muslim 1/90, 91. And Abu Dawud, in: The chapter on the enormity of adultery, from the Book of Divorce. Sunan Abi Dawud 1/539, 540. And al-Tirmidhi, in: The chapter on Surah al-Furqan, from the chapters of Tafsir, 'Aridat al-Ahwadhi 12/57. And al-Nasa'i, in: The chapter mentioning the greatest sin, from the Book of the Prohibition of Shedding Blood. al-Mujtaba 7/82, 83. And Imam Ahmad, in: al-Musnad 1/380, 431, 434, 462. (4) Omitted from: M. The word "nazar" (looking/consideration) was transcribed.
