Is a paternal or maternal grandfather subject to Qisas for killing his grandchild?
General Chapter
Al-Mughni
Book of Wounds
Primary text
The grandfather, regardless of how high the lineage ascends, is treated the same as the father concerning the waiver of Qisas for killing a grandchild, according to the majority opinion among those who negate Qisas against the father. This applies whether the grandfather is on the father's side or the mother's side, because the daughter's son is designated as a son, as evidenced by the Prophet's saying concerning Hasan, 'Indeed, this son of mine is a master.'
Supporting text
Hasan ibn Hayy holds that the grandfather is subject to Qisas because he falls under the general ruling applied to fathers, and the ruling pertains to lineage, encompassing both near and distant relatives, similar to prohibited degrees of marriage (Mahramiyyah).