The questioner says: I encountered a problem that confused me. At that time, I was between ten and twelve years old, in the age of ignorance. It was that I had a small child with me,
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The questioner : She says: I encountered a problem that confused me. At that time, I was between ten and twelve years old, in the age of ignorance. It was that I had a small child with me, and I threw him into a water pool, and the child died. I did not know about death or life at that time. Now I am confused about my problem. As for fasting, I am unable or cannot do it for fear that my husband and my family will learn of this problem. After my marriage and after I reached the age of maturity, I became confused about my affair and do not know what to do. Please advise us, may Allah reward you with good for Islam and the Muslims?
The Shaykh : This problem is indeed a problem, as you described it. And if she was twelve years old at the time of this incident.
The questioner : Yes.
The Shaykh : If she had reached puberty, then what applies to adults applies to her.
The questioner : Yes.
The Shaykh : She may have reached puberty at this age through menstruation.
The questioner : Yes.
The Shaykh : Or through the growth of hair, for example.
The questioner : Yes.
The Shaykh : Or through the emission of semen.
The questioner : Yes.
The Shaykh : And if she had not reached puberty, as is apparent from her condition.
The questioner : Yes.
The Shaykh : Then there is a difference of opinion among the scholars of knowledge: is the non-adult obligated to pay the expiation or not? Some of them hold that he is obligated to pay the expiation because there is no difference between a person being accountable for duties or not being accountable for duties regarding the obligation of the expiation for killing.
The questioner : Yes.
The Shaykh : The evidence for this is that Allah, Glorified and Exalted is He, made the expiation obligatory upon the one who kills by mistake, and the one who kills by mistake is excused from the sin.
The questioner : Yes.
The Shaykh : This indicates that the obligation of the expiation is not based on whether a person sins or does not sin. Therefore, the expiation for killing is obligatory upon the child, even if he has not reached puberty. The remaining consideration is for one who says that this girl killed this boy intentionally. But we say that the action of a child or a madman, if it is intentional, is in the position of the mistake of a sane adult.
The questioner : Yes.
The Shaykh : As for the second opinion, which says that the child is not obligated to pay the expiation, then in this case, she is not obligated to pay the expiation and nothing is required of her. But what is stronger in my view is that the expiation is obligatory upon her in this case.
The questioner : Yes.
The Shaykh : It is not befitting for a man to leave what Allah has made obligatory, or for a woman to leave what Allah has made obligatory upon her, for the sake of modesty before people.
The questioner : Yes.
The Shaykh : For Allah, the Exalted, is more worthy of being feared than people. Therefore, she must fast and inform them of the incident that occurred, and there is nothing wrong with that.
The questioner : Yes.
The Shaykh : Yes.
The Shaykh : This problem is indeed a problem, as you described it. And if she was twelve years old at the time of this incident.
The questioner : Yes.
The Shaykh : If she had reached puberty, then what applies to adults applies to her.
The questioner : Yes.
The Shaykh : She may have reached puberty at this age through menstruation.
The questioner : Yes.
The Shaykh : Or through the growth of hair, for example.
The questioner : Yes.
The Shaykh : Or through the emission of semen.
The questioner : Yes.
The Shaykh : And if she had not reached puberty, as is apparent from her condition.
The questioner : Yes.
The Shaykh : Then there is a difference of opinion among the scholars of knowledge: is the non-adult obligated to pay the expiation or not? Some of them hold that he is obligated to pay the expiation because there is no difference between a person being accountable for duties or not being accountable for duties regarding the obligation of the expiation for killing.
The questioner : Yes.
The Shaykh : The evidence for this is that Allah, Glorified and Exalted is He, made the expiation obligatory upon the one who kills by mistake, and the one who kills by mistake is excused from the sin.
The questioner : Yes.
The Shaykh : This indicates that the obligation of the expiation is not based on whether a person sins or does not sin. Therefore, the expiation for killing is obligatory upon the child, even if he has not reached puberty. The remaining consideration is for one who says that this girl killed this boy intentionally. But we say that the action of a child or a madman, if it is intentional, is in the position of the mistake of a sane adult.
The questioner : Yes.
The Shaykh : As for the second opinion, which says that the child is not obligated to pay the expiation, then in this case, she is not obligated to pay the expiation and nothing is required of her. But what is stronger in my view is that the expiation is obligatory upon her in this case.
The questioner : Yes.
The Shaykh : It is not befitting for a man to leave what Allah has made obligatory, or for a woman to leave what Allah has made obligatory upon her, for the sake of modesty before people.
The questioner : Yes.
The Shaykh : For Allah, the Exalted, is more worthy of being feared than people. Therefore, she must fast and inform them of the incident that occurred, and there is nothing wrong with that.
The questioner : Yes.
The Shaykh : Yes.