Is the death of a child on an electrical power pole considered negligence on the part of the responsible parties, such that something is obligatory upon them?

Wafiq: Our Shaykh, do you remember, perhaps the brother told youAbu Layla : about the incident that happened to my relative Shuhdah?

The Shaykh: What happened?
Wafiq: An incident involving his son; Allah took his soul.

The Shaykh: Whose?
Abu Layla: An electrical accident.

The Shaykh: The electricity, yes, the one in front of the gas station, meaning
Wafiq: Of course, Shaykh, the incident was that the boy had left work and leaned on the pole, and the pole had electricity in it, so Allah took his soul. I mean, at the very moment the witness saw the incident, he said that after the electricity struck him, he fell to the ground for a period of time. The people at the station did not rush to help him. When the other young boy who was with him tried to help him, the electricity struck him too, so he left him and went to the fire station; the fire station near the station. The fire brigade came and took him in the truck and brought him to the hospital. He stayed there for more than an hour, and then he died in the hospital. He did not die immediately, because what reached us was that he died on the spot, but when we asked, they said, "Yes." Shaykh, what is the ruling regarding the people of the station? Is it a mistake on the part of the people of the station, given that there was negligence in the wiring, and that it was primitive wiring not done according to standards...

The Shaykh: I believe that proving negligence is difficult by the testimony of the boy.
Wafiq: No, the negligence is in the electrical wiring, Shaykh.

The Shaykh: This is a nice patch-up from you...
Wafiq: AndThe Shaykh : This is authentic.

The Shaykh: Because this talk is different from that...

The Shaykh: What I really wanted to say is that if we are to hold the owners of the gas station accountable for something, it is because they placed this pole and lit it with electricity, as I understood from Abu Ahmad, they light it with electricity. First, this is a luxury, not a necessity. Second, they should have taken the measures that prevent such an incident. So from this angle, they are to be held liable. As for the issue of them not rushing to help, perhaps each one was busy with his work, or they did not know what had happened to the boy.
Wafiq: Or they were afraid of the electricity, because the employee came and then went back, yes.

The Shaykh: Well, should they not be aware of the electricity by cutting it off?
Wafiq: They did not cut the electricity either. No, at the time of the incident, they did not cut the electricity.
Al-Halabi: Truly, everything is by divine decree.

The Shaykh: In any case, from this angle, it is possible to hold the responsible parties at the gas station liable...
Wafiq: That the matter is not important, meaning is this considered accidental killing?

The Shaykh: Yes. Well, the problem is resolved between the family of the deceased and...
Wafiq: By Allah, first, there were some obstacles, in that the family of the deceased insisted on giving them, a mattress, the customary gift, and it is considered part of the blood money. And the group was refusing to pay it. Then, by the grace of Allah the Exalted and Majestic, they paid it. Yes, and at the same time, when there was a lot of talk about it, they returned the amount, in the same session.

The Shaykh: Who returned it to them?
Wafiq: The family of the deceased.

The Shaykh: Huh?
Wafiq: On the basis that in a settlement, the payment is completed.
Al-Halabi: Meaning this is a display of good faith, in the sense of displaying good faith, that we demanded this money in truth, not that we wanted it for our bellies, we wanted it for the sake of acknowledgment of it, and here we are, we have returned it to you.
Wafiq: The brother Abdullah al-Shamailah specializes in the department of Sharia law, I told you about him a while ago, and he was from the Tabligh group and still is, but, he is a boy, meaning he has intelligence, yes, he studied these matters well, including things that the law has approved, but they are erased and submerged, no one has sought them for many years, until he was able to obtain books from the Chief Judge and have them signed by the same department, and signed by the Prime Minister, and so on, in acknowledgment of the Sharia blood money. When the Prime Minister summoned the Chief Judge, he said, "I have no knowledge of this, I do not agree with it."

The Shaykh: Who does not agree with it?
Wafiq: Yes, he said, "I do not agree with it."
Al-Halabi : He does not agree with the Sharia!
Wafiq: Yes, his study came out to one hundred and fifty thousand dinars.
Al-Halabi: "Abdullah al-Shamailah."
Wafiq: In gold.

The Shaykh: The blood money.
Wafiq: Yes, so the problem is that they held a meeting of the Ifta Council, which is eleven scholars or Shaykhs... So, glory to Allah the Great, in the last thing they approved the blood money, but they calculated camels as Roman camels at the lowest prices, not Roman camels, they calculated it to come out to twelve thousand five hundred.

The Shaykh: Oh, wonderful.
Wafiq: Then they said these are Roman... camels, let us deduct the transport costs, so they deducted two thousand five hundred, and it became ten thousand.

The Shaykh: This is a mockery of the times.
Wafiq: It is a very strange thing. Of course, the brother Abdullah, in the past, obtained fifty thousand.

The Shaykh: For whom is this?
Wafiq: For one from Amman, and it is all in it.

The Shaykh: Good.
Wafiq: So my relative is in great confusion about the matter, so he says, "I want to take what the Sharia allows me, whatever the Sharia allows me, I want to take it, because this is my son, he was fifteen years old, and in a moment, of course, I do not deny the decree and destiny of Allah, in a moment it was over, so I want to take everything the Sharia allows me." I told him, "If you want to take it and you must, the Sharia blood money reaches a large amount, but there is something with them now in the tribal law, without courts, without anything, they can pay you ten thousand dinars, without a Sharia court and without judgment, so the problem is that his family has a rule that if they take compensation immediately, it becomes a problem for them, and they cited this with many incidents that happened to them...
Al-Halabi: Satan.
Wafiq: Do you see, one incident happened with the same Shuhdah, I was riding with him in a car, the car was a Mercedes of that year, it was hit, and indeed the fault was on the second man, and he got out with little manners, so I told him, "Let us leave him so he really learns." So we brought the police and so on, and we went with it, until we paid one hundred dinars. The next day, he was in the shop, his worker asked for the car and got in it, and if he was hitting it without knowing, so they cite such stories that if they take compensation, it becomes a problem for us and so on. By Allah, the man is in confusion. I told him, "By Allah, if Allah decrees that I sit withThe Shaykh : Nasser, with the permission of Allah, I will bring you an opinion from him; ... and also the same thing, Shaykh, they say how can we take this, and it affects our reputation, meaning the talk of people who are accustomed to not taking it.

The Shaykh: Is he poor, or rich, or middle-class?
Wafiq: By Allah, our Shaykh, his general appearance is rich; in front of people he is rich, he has a car; a phone; a full floor of a house for him; but the truth of his matter, and I am aware of it, he is not rich.
Al-Halabi: Meaning an ordinary man, covered.
Wafiq: And less than that.

The Shaykh: What does he do?
Wafiq: He works as a commission merchant, a commission merchant, Shaykh, meaning his situation is good, but now the work is not perfect, except previously his situation was above the wind, as they say, but his situation now is ordinary or less than ordinary, he has a lot of debts on him, so he says, "I want to lighten at least, sometimes the bank and checks, not checks, sometimes the bank manager comes and brings me things because of his trust in me, and these things are a loan and may deduct interest from me, so I want to take it to at least remove the interest." I told him, "I think you should take what Allah has made lawful and stay away from what Allah has forbidden. Take the blood money, for Allah has made it lawful, and the bank, Allah has forbidden it. Take the blood money and do not mind the talk of people."

The Shaykh : You have done well.
Wafiq: I told him, "If Allah wills, if I meetThe Shaykh : I will bring you an opinion from him, and you will benefit from his fatwa and opinion."

The Shaykh: My opinion is very clear, and it is that he has the right to take the blood money if it is established that there was a killing that falls under the category of accidental killing of his son... knowing that the door of forgiveness and settlement is open, but we advise him and advise others not to be deterred from taking the blood money influenced by such illusions, and if he feels that he is in need of the value of the blood money or less, because of his financial and economic situation, then at that time it is better for him to demand this blood money and not waive it, for this is a Sharia right that our Lord, the Exalted and Majestic, has given him, so if he is in need of it, he takes it and does not mind those illusions and incidents, because this is from the category of pessimism and taking an omen as a bad sign, and this is not permissible in Islam.
Wafiq: It is possible to take, for example, a section that is recognized by the tribes as his right, which is ten thousand, and forgive his legal right that is recognized by the tribes. He would say, "I want my legal right. I believe my legal right is not less than thirty thousand, so I will take ten thousand and forgive the rest." And truly, our Shaykh, if our brother Abdullah al-Shamailah were to appoint a representative, I visited Abdullah al-Shamailah after the incident, if he appointed him, he would take, as they say, the easy and comfortable twenty-four thousand.