What is the ruling on a mother who found her daughter dead and suspected that she was the cause, given that the daughter was born in the eighth month?
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The questioner : May Allah reward you, honorable Shaykh. My mother has been married for more than thirty years, or perhaps more.
The Shaykh : Ah?
The questioner : My mother, the mother in question, married more than thirty years ago, or perhaps more. She was between fifteen and seventeen years old at the time, and she gave birth to a baby girl. When the baby was about fourteen days old, she was sleeping. When morning came, they found her dead, or her color had turned blue, as if she had died from suffocation. The mother suspects that she may have been the cause. The baby was born at eight months, and it is said that a baby born at eight months may not live long. And Allah knows best.
The Shaykh : Yes
The questioner : We ask for the ruling. May Allah reward you.
The Shaykh : The ruling is that there is nothing on the mother, because she is not certain that she caused her death. If she is not certain, the original state is that her conscience is clear.
The questioner : Even in the case of doubt.
The Shaykh : Even in the case of doubt. Even if it were more likely in her opinion that she was the one who killed her, she owes nothing. Certainty is required, because the original state is that the conscience is clear. Also, since the baby was born at these eight months, as you mentioned, the general rule is that it does not live long. But this is not what matters. What matters is that the original state is that the mother’s conscience is clear, and that the baby died by the decree and destiny of Allah. Yes.
The Shaykh : Ah?
The questioner : My mother, the mother in question, married more than thirty years ago, or perhaps more. She was between fifteen and seventeen years old at the time, and she gave birth to a baby girl. When the baby was about fourteen days old, she was sleeping. When morning came, they found her dead, or her color had turned blue, as if she had died from suffocation. The mother suspects that she may have been the cause. The baby was born at eight months, and it is said that a baby born at eight months may not live long. And Allah knows best.
The Shaykh : Yes
The questioner : We ask for the ruling. May Allah reward you.
The Shaykh : The ruling is that there is nothing on the mother, because she is not certain that she caused her death. If she is not certain, the original state is that her conscience is clear.
The questioner : Even in the case of doubt.
The Shaykh : Even in the case of doubt. Even if it were more likely in her opinion that she was the one who killed her, she owes nothing. Certainty is required, because the original state is that the conscience is clear. Also, since the baby was born at these eight months, as you mentioned, the general rule is that it does not live long. But this is not what matters. What matters is that the original state is that the mother’s conscience is clear, and that the baby died by the decree and destiny of Allah. Yes.
