Beating his wife and causing her to miscarry
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Fatwa number ( 16129 )
Q: About forty years ago, my father and my uncle lived in the same house, each with his family. Each of their wives had her own sheep, which her family had given her. It happened that my uncle traveled, and my father was the sole provider for both families. One day, relatives of my uncle's wife came to visit her. My father then tried to slaughter some of my mother's sheep, but she refused and prevented him from taking anything from them. She told him, "Go to your brother's wife and take from her sheep, for the guests are her relatives." After she said this, my father insisted on taking from her sheep by force. In fact, he went even further, as he struck her in various parts of her body and pushed her to the ground. She fell while she was in her ninth month of pregnancy, and this action caused her to miscarry about ten days later with two daughters. The first was born dead, and the second lived for two days and then died. My mother told me about this incident and also said that the beating was clearly visible on the fetus, indicating that the death was a result of
A: If the matter is as mentioned, it is obligatory for your father to pay the expiation for accidental killing for causing the death of the fetus, and another expiation for causing the death of the daughter who was born alive and then died due to the crime. The expiation is: freeing a believing slave for each of the two daughters. If he does not find one, he must fast two consecutive months for each of them. He must also pay their mother her share of the blood money for each of them if she does not forgive him. The blood money is one-tenth of the mother’s blood money for the fetus that fell dead, and full blood money for the second one that fell alive. The remainder of the blood money belongs to the other heirs if they do not forgive him. As for the one who caused the killing, who is your father, he does not inherit and does not prevent anyone from inheriting from the two daughters, because he is the killer. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
A: If the matter is as mentioned, it is obligatory for your father to pay the expiation for accidental killing for causing the death of the fetus, and another expiation for causing the death of the daughter who was born alive and then died due to the crime. The expiation is: freeing a believing slave for each of the two daughters. If he does not find one, he must fast two consecutive months for each of them. He must also pay their mother her share of the blood money for each of them if she does not forgive him. The blood money is one-tenth of the mother’s blood money for the fetus that fell dead, and full blood money for the second one that fell alive. The remainder of the blood money belongs to the other heirs if they do not forgive him. As for the one who caused the killing, who is your father, he does not inherit and does not prevent anyone from inheriting from the two daughters, because he is the killer. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Q: About forty years ago, my father and my uncle lived in the same house, each with his family. Each of their wives had her own sheep, which her family had given her. It happened that my uncle traveled, and my father was the sole provider for both families. One day, relatives of my uncle's wife came to visit her. My father then tried to slaughter some of my mother's sheep, but she refused and prevented him from taking anything from them. She told him, "Go to your brother's wife and take from her sheep, for the guests are her relatives." After she said this, my father insisted on taking from her sheep by force. In fact, he went even further, as he struck her in various parts of her body and pushed her to the ground. She fell while she was in her ninth month of pregnancy, and this action caused her to miscarry about ten days later with two daughters. The first was born dead, and the second lived for two days and then died. My mother told me about this incident and also said that the beating was clearly visible on the fetus, indicating that the death was a result of
A: If the matter is as mentioned, it is obligatory for your father to pay the expiation for accidental killing for causing the death of the fetus, and another expiation for causing the death of the daughter who was born alive and then died due to the crime. The expiation is: freeing a believing slave for each of the two daughters. If he does not find one, he must fast two consecutive months for each of them. He must also pay their mother her share of the blood money for each of them if she does not forgive him. The blood money is one-tenth of the mother’s blood money for the fetus that fell dead, and full blood money for the second one that fell alive. The remainder of the blood money belongs to the other heirs if they do not forgive him. As for the one who caused the killing, who is your father, he does not inherit and does not prevent anyone from inheriting from the two daughters, because he is the killer. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
A: If the matter is as mentioned, it is obligatory for your father to pay the expiation for accidental killing for causing the death of the fetus, and another expiation for causing the death of the daughter who was born alive and then died due to the crime. The expiation is: freeing a believing slave for each of the two daughters. If he does not find one, he must fast two consecutive months for each of them. He must also pay their mother her share of the blood money for each of them if she does not forgive him. The blood money is one-tenth of the mother’s blood money for the fetus that fell dead, and full blood money for the second one that fell alive. The remainder of the blood money belongs to the other heirs if they do not forgive him. As for the one who caused the killing, who is your father, he does not inherit and does not prevent anyone from inheriting from the two daughters, because he is the killer. 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.