And this differs from divorce; and because it is a statement that can be voided, unlike killing. As for if he drinks or eats what removes his intellect other than wine, in a forbidden manner, then if his intellect is totally removed, such that he becomes insane, there is no retaliation upon him. But if it passes quickly and returns without medical treatment, then it is like intoxication, according to what has been detailed regarding it.

1425- Issue; he said: (A parent shall not be killed for his child, even if he descends).

The general principle is that the father is not to be killed for his child, and the grandfather is not to be killed for his grandchild, even if his degree descends, and whether that child is from sons or daughters. Among those from whom it is reported that the parent is not to be killed for his child is Umar ibn al-Khattab, may Allah be pleased with him. And this is the opinion of Rabi'ah, al-Thawri, al-Awza'i, al-Shafi'i, Ishaq, and the People of Opinion (Ashab al-Ra'i). Ibn Nafi', Ibn 'Abd al-Hakam, and Ibn al-Mundhir said: He is to be killed for him; due to the apparent meaning of the verses of the Book, the traditions necessitating retaliation, and because they are both free, Muslim individuals, both subject to retaliation; therefore, it is mandatory that each of them be killed for the other, like two strangers. Ibn al-Mundhir said: They have narrated in this chapter (1) traditions. Malik said: If he kills him by a stray strike with a sword or the like, he is not killed for it; but if he slaughters him, or kills him in a killing where there is no doubt that he intended his killing rather than his discipline, he is retaliated against for him. Our position is what Umar ibn al-Khattab and Ibn Abbas narrated, that the Messenger of Allah, peace and blessings of Allah be upon him, said: "A parent shall not be killed for his child." Al-Nasa'i recorded the hadith of Umar (2), and Ibn Majah (3) narrated both of them. Ibn 'Abd al-Barr mentioned them and said: It is a famous hadith among the people of knowledge in the Hijaz and Iraq, widespread among them, and its fame, acceptance, and practice are sufficient to dispense with its chain of transmission, to the point that an chain of transmission for something like it, given its fame, would be an affectation. And because the Prophet, peace and blessings of Allah be upon him, said: "You and your wealth belong to your father" (4). And the essence of this