A skilled doctor who made a mistake in treating a patient, resulting in the patient's death: Is he liable for blood money?
Machine translationRead the Arabic original
The questioner : A skilled and expert doctor in his craft treats a patient with a surgical operation or prescribes a medical prescription, and by mistake, he kills him. Is he liable for blood money?
The Shaykh : Repeat it to me.
The questioner : A doctor who is expert in his craft
The Shaykh : Expert
The questioner : He is treating a patient with a surgical operation or gave him medicine by mistake, and this medicine killed him, or he died during the surgical operation. Is the doctor liable for blood money?
The Shaykh : If the matter is as you say, that he knows in the depths of his heart that he made a mistake in his prescription of the medicine, then it appears, and Allah knows best, that he killed by mistake, and he is obligated to pay expiation. But if that is not the case, if that is not the case.
The questioner : It is his independent legal reasoning that it is correct.
The Shaykh : If so, who ruled that he made a mistake?
The questioner : This is how the question is presented by Ibn al-Qayyim in *Zad al-Ma'ad*.
The Shaykh : How does he say it?
The questioner : He quotes it like this. He says: If it is said that the doctor was skilled and expert in his craft and did not hear of it, he answers, may Allah have mercy on him.
The Shaykh : Does he permit it?
'Umar al-Ashqar: ... The man died, and other doctors said, you made a mistake.
The Shaykh : He said what?
'Umar al-Ashqar: A committee is now being formed, medical committees, and they decide that so-and-so made a mistake in his action.
The Shaykh : Yes.
Al-Ashqar: But in his belief and his opinion, he is correct. This is the best he could do. This is what is happening now.
The Shaykh : That is why I asked him.
Al-Halabi : Our teacher, in the depths of his heart, does he know in the depths of his heart that he made a mistake? By that, the two rulings differ.
The Shaykh : Yes, that is right, and Allah knows best.
Al-Halabi : Our Shaykh, in this context, the saying of the Messenger of Allah (peace and blessings be upon him), meaning by way of clarification and further explanation:Sunan Abi Dawud 4586Hasan (Al-Albani).
The Shaykh : Welcome, how are you. But this does not apply here.
Al-Halabi : I understand. My intention is as a chapter within the chapter.
The Shaykh : Yes, exactly.
Al-Halabi : And he is liable.
The Shaykh : This is the one who is liable for blood money.
Al-Halabi : Yes, exactly.
The questioner : Meaning, he is not liable?
The Shaykh: No.
The Shaykh : Repeat it to me.
The questioner : A doctor who is expert in his craft
The Shaykh : Expert
The questioner : He is treating a patient with a surgical operation or gave him medicine by mistake, and this medicine killed him, or he died during the surgical operation. Is the doctor liable for blood money?
The Shaykh : If the matter is as you say, that he knows in the depths of his heart that he made a mistake in his prescription of the medicine, then it appears, and Allah knows best, that he killed by mistake, and he is obligated to pay expiation. But if that is not the case, if that is not the case.
The questioner : It is his independent legal reasoning that it is correct.
The Shaykh : If so, who ruled that he made a mistake?
The questioner : This is how the question is presented by Ibn al-Qayyim in *Zad al-Ma'ad*.
The Shaykh : How does he say it?
The questioner : He quotes it like this. He says: If it is said that the doctor was skilled and expert in his craft and did not hear of it, he answers, may Allah have mercy on him.
The Shaykh : Does he permit it?
'Umar al-Ashqar: ... The man died, and other doctors said, you made a mistake.
The Shaykh : He said what?
'Umar al-Ashqar: A committee is now being formed, medical committees, and they decide that so-and-so made a mistake in his action.
The Shaykh : Yes.
Al-Ashqar: But in his belief and his opinion, he is correct. This is the best he could do. This is what is happening now.
The Shaykh : That is why I asked him.
Al-Halabi : Our teacher, in the depths of his heart, does he know in the depths of his heart that he made a mistake? By that, the two rulings differ.
The Shaykh : Yes, that is right, and Allah knows best.
Al-Halabi : Our Shaykh, in this context, the saying of the Messenger of Allah (peace and blessings be upon him), meaning by way of clarification and further explanation:
Anyone who practises medicine when he is not known as a practitioner
من تطبب ولا يعلم منه طبThe Shaykh : Welcome, how are you. But this does not apply here.
Al-Halabi : I understand. My intention is as a chapter within the chapter.
The Shaykh : Yes, exactly.
Al-Halabi : And he is liable.
The Shaykh : This is the one who is liable for blood money.
Al-Halabi : Yes, exactly.
The questioner : Meaning, he is not liable?
The Shaykh: No.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.