She says that I am married and have given birth to a female infant who is in good condition, and after eight days had passed since her birth, and in the late hours of the night, that is, about half an hour before the Fajr prayer, before
Machine translationRead the Arabic original
The questioner : She says in it that I am married and have given birth to a female infant who is in good condition, and after eight days had passed since her birth, and in the late hours of the night, that is, about half an hour before the Fajr prayer, I breastfed her by placing my right breast in her mouth. I actually felt her nursing. During that time, sleep overtook me and I fell asleep. After an hour, I woke up, and when I woke up, I found that I had turned to the other side while the baby was still in her place. At that point, I got up and left her, assuming she was sleeping. At that time, when the sun rose, I did some chores and then returned to her to breastfeed her as usual. I found her half-asleep and she had died. I did not notice any mark on her body, except that I noticed milk mixed with blood in one of her nostrils. Since I am troubled by doubt about whether I am liable for anything in this, even if I had not turned away from her during sleep, I ask for your guidance. May Allah reward you and may you do us a favor?
The Shaykh : What appears from this case is that the daughter was choked by the breast, and that when the mother was overcome by sleep with her breast in her daughter's mouth, she was choked by it and died. The evidence for this is the emergence of blood and milk from her nose.
The questioner : Yes.
The Shaykh : She was struggling to breathe intensely, so the milk came out of her nose. What I see is that this mother should be cautious and fast two consecutive months as repentance to Allah.
As for the blood money, if her father is present, then the right belongs to him in this matter, because in this case, he is the only one who inherits from her, meaning he is the only one who inherits from this deceased child, along with her mother. However, the mother must pay the full blood money to the child's father, unless he waives it from her. If he waives it, the right belongs to him. And Allah knows best.
The questioner : Okay, regarding the mother, does her right not drop entirely?
The Shaykh : Does her right drop? Do you mean from the inheritance?
The questioner : Yes.
The Shaykh : There is a disagreement among the scholars regarding the one who kills by mistake, and the correct view is that the one who kills by mistake inherits from the wealth, but not from the blood money. This is what Ibn al-Qayyim preferred in "Al-A'lam al-Muqin", and he mentioned a fatwa from the Messenger of Allah (peace and blessings be upon him) in it, which I think Ibn Majah narrated, and he said: "We take this as our ruling."
The questioner : Yes.
The Shaykh : The correct view in our opinion is that killing by mistake does not prevent inheritance, because the suspicion in it is far-fetched, since the killer is only prevented from inheritance out of fear that a person might kill his heir in order to inherit from him.
The questioner : Yes.
The Shaykh : And the suspicion in such cases is very far-fetched, so he is not prevented from inheritance, because the original ruling is that it is established.
The questioner : Yes.
The Shaykh : Yes, but nothing of the blood money is waived from her.
The questioner : Yes.
The Shaykh : Because the blood money became obligatory due to her action.
The questioner : Yes, thank you. May Allah reward you.
The Shaykh : What appears from this case is that the daughter was choked by the breast, and that when the mother was overcome by sleep with her breast in her daughter's mouth, she was choked by it and died. The evidence for this is the emergence of blood and milk from her nose.
The questioner : Yes.
The Shaykh : She was struggling to breathe intensely, so the milk came out of her nose. What I see is that this mother should be cautious and fast two consecutive months as repentance to Allah.
As for the blood money, if her father is present, then the right belongs to him in this matter, because in this case, he is the only one who inherits from her, meaning he is the only one who inherits from this deceased child, along with her mother. However, the mother must pay the full blood money to the child's father, unless he waives it from her. If he waives it, the right belongs to him. And Allah knows best.
The questioner : Okay, regarding the mother, does her right not drop entirely?
The Shaykh : Does her right drop? Do you mean from the inheritance?
The questioner : Yes.
The Shaykh : There is a disagreement among the scholars regarding the one who kills by mistake, and the correct view is that the one who kills by mistake inherits from the wealth, but not from the blood money. This is what Ibn al-Qayyim preferred in "Al-A'lam al-Muqin", and he mentioned a fatwa from the Messenger of Allah (peace and blessings be upon him) in it, which I think Ibn Majah narrated, and he said: "We take this as our ruling."
The questioner : Yes.
The Shaykh : The correct view in our opinion is that killing by mistake does not prevent inheritance, because the suspicion in it is far-fetched, since the killer is only prevented from inheritance out of fear that a person might kill his heir in order to inherit from him.
The questioner : Yes.
The Shaykh : And the suspicion in such cases is very far-fetched, so he is not prevented from inheritance, because the original ruling is that it is established.
The questioner : Yes.
The Shaykh : Yes, but nothing of the blood money is waived from her.
The questioner : Yes.
The Shaykh : Because the blood money became obligatory due to her action.
The questioner : Yes, thank you. May Allah reward you.