The ruling on the expulsion of a fetus due to disobeying the doctors' orders
Machine translationRead the Arabic original
Question:
The questioner says: My sister, Salma, disobeyed the doctors' orders, Honorable Shaykh, because she did not rest as required for her pregnancy. The doctors told her, "You must stay in bed, as there is danger to your pregnancy." She disobeyed the order and miscarried a dead fetus in its fifth month.
Answer:
Yes, if the doctors advised her not to move or get out of bed, and she disobeyed and got up, resulting in the death of the child, then she is at fault and has killed this child. However, it was an accidental killing. She owes the blood money (diyah) for the child, and she also owes the expiation (kaffarah), which is fasting for two consecutive months. The blood money is due if those entitled to it demand it; if they do not demand it, she owes nothing, but the expiation is required in this case. Yes.
The presenter:
May Allah reward you.
The questioner says: My sister, Salma, disobeyed the doctors' orders, Honorable Shaykh, because she did not rest as required for her pregnancy. The doctors told her, "You must stay in bed, as there is danger to your pregnancy." She disobeyed the order and miscarried a dead fetus in its fifth month.
Answer:
Yes, if the doctors advised her not to move or get out of bed, and she disobeyed and got up, resulting in the death of the child, then she is at fault and has killed this child. However, it was an accidental killing. She owes the blood money (diyah) for the child, and she also owes the expiation (kaffarah), which is fasting for two consecutive months. The blood money is due if those entitled to it demand it; if they do not demand it, she owes nothing, but the expiation is required in this case. Yes.
The presenter:
May Allah reward you.
Source
نور على الدرب - الفوزان - 02/251 — archive.org (10:05)
The Arabic text is a machine transcription of the audio recording.