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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on the Expiation for Unintentional Killing When a Mother Sleeps on Her Infant

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Question:
The questioner says: A mother fell asleep with her infant beside her, and her aunt was on the other side. When they woke up, they found that the child had died as a result of one of them sleeping on him, and they did not know which one it was. What is required of them?

Answer:
If the child died because a woman slept on him, the one who slept on him owes the expiation, because this falls under the category of unintentional killing, for which an expiation is obligatory. The expiation is freeing a slave if possible. If that is not possible, she must fast for two consecutive months. They should investigate to determine who slept on him and identify the one who did. Yes. And if his death resulted from both of them, meaning they all gathered on him and he died, and here, since they were both sleeping, they rolled over onto the child, they rolled over onto the child and he died as a result, then the expiation is upon both of them, and each one owes an expiation. If only one woman rolled over on him, the expiation is upon her alone.
Source قناة «العلامة الدكتور صالح الفوزان»، ما حكم امرأة كانت تنام بجوار طفلها الرضيع وبجوارهما عمته، فلما استيقظتا وجدتا الطفل قد مات... — youtube.com

The Arabic text is a machine transcription of the audio recording.

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