She nursed her child and fell asleep with the breast in his mouth, and he died
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Fatwa number ( 19762 )
Q: O esteemed Shaykh: A child was born to me about 20 years ago. My wife fell asleep, and at some point during the night she got up and nursed that child. She placed her breast in the child's mouth, and sleep overtook her. She woke up in the morning and found that the child had died, as she had smothered him with her breast. However, she says that he was ill before that night. We ask for the legal ruling that applies to her, may Allah guide you? And peace be upon you, and Allah's mercy and blessings.
A : If the situation is as described, then your wife has caused the death of her child by mistake, as she was negligent in giving him the breast and falling asleep while it was in his mouth, smothering his breath with her breast and leaning on him with her body. It is obligatory for her to pay the expiation for accidental killing, which is freeing a believing slave. If she cannot find one, it is obligatory for her to fast two consecutive months. Your wife should repent and seek forgiveness from Allah for this, and not return to such a thing in the future. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: O esteemed Shaykh: A child was born to me about 20 years ago. My wife fell asleep, and at some point during the night she got up and nursed that child. She placed her breast in the child's mouth, and sleep overtook her. She woke up in the morning and found that the child had died, as she had smothered him with her breast. However, she says that he was ill before that night. We ask for the legal ruling that applies to her, may Allah guide you? And peace be upon you, and Allah's mercy and blessings.
A : If the situation is as described, then your wife has caused the death of her child by mistake, as she was negligent in giving him the breast and falling asleep while it was in his mouth, smothering his breath with her breast and leaning on him with her body. It is obligatory for her to pay the expiation for accidental killing, which is freeing a believing slave. If she cannot find one, it is obligatory for her to fast two consecutive months. Your wife should repent and seek forgiveness from Allah for this, and not return to such a thing in the future. And 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.