The blood money for a fetus
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Fatwa number ( 10502 )
Q: I was involved in a car accident in the year 1402 AH, and this was before
the beginning of Ramadan by only two days, in that year. My sister was with me in the car, and she was seven and a half months pregnant. We were injured and taken to the hospital, and both I and she were admitted. On the day after the accident, she miscarried the fetus in her womb, but the child was dead when it came out of her womb, and the delivery was natural. As for the car that collided with mine, it had the driver and his father in it, and the father of the child died at that time. The fault was shared according to the traffic report, and the judge ruled that I pay half the blood money, which I paid. Now I want you to issue a ruling on what expiation is required of me, and how much fasting is required? I am suffering from lung inflammation, which worsens when I become thirsty. This is all, and peace be upon you.
A: You must pay the blood money for the deceased person and for the fetus, as ruled by the judge, and you must perform the expiation for both. The expiation for accidental killing is: freeing a believing slave, and if you do not find one, then fasting two consecutive months for each soul. Allah the Exalted said:[An-Nisa 4:92] up to His saying: [An-Nisa 4:92] .
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I was involved in a car accident in the year 1402 AH, and this was before
the beginning of Ramadan by only two days, in that year. My sister was with me in the car, and she was seven and a half months pregnant. We were injured and taken to the hospital, and both I and she were admitted. On the day after the accident, she miscarried the fetus in her womb, but the child was dead when it came out of her womb, and the delivery was natural. As for the car that collided with mine, it had the driver and his father in it, and the father of the child died at that time. The fault was shared according to the traffic report, and the judge ruled that I pay half the blood money, which I paid. Now I want you to issue a ruling on what expiation is required of me, and how much fasting is required? I am suffering from lung inflammation, which worsens when I become thirsty. This is all, and peace be upon you.
A: You must pay the blood money for the deceased person and for the fetus, as ruled by the judge, and you must perform the expiation for both. The expiation for accidental killing is: freeing a believing slave, and if you do not find one, then fasting two consecutive months for each soul. Allah the Exalted said:
And never is it for a believer to kill a believer except by mistake. And whoever kills a believer by mistake - then the freeing of a believing slave and a compensation payment presented to the deceased's family [is required] unless they give [up their right as] charity
وَمَا كَانَ لِمُؤْمِنٍ أَنْ يَقْتُلَ مُؤْمِنًا إِلا خَطَأً وَمَنْ قَتَلَ مُؤْمِنًا خَطَأً فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ وَدِيَةٌ مُسَلَّمَةٌ إِلَى أَهْلِهِ إِلا أَنْ يَصَّدَّقُواAnd whoever does not find [one or cannot afford to buy one] - then [instead], a fast for two months consecutively, [seeking] acceptance of repentance from Allah. And Allah is ever Knowing and Wise.
فَمَنْ لَمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ تَوْبَةً مِنَ اللَّهِ وَكَانَ اللَّهُ عَلِيمًا حَكِيمًاAnd success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.