The ruling on a mother who unintentionally slept on her child and he died
Machine translationRead the Arabic original
The question: The listener Humaid Kazim Al-Abd sent a question about a woman who slept with her child beside her, and it appears she suffocated him or rolled over on him, so he died. They are asking about the ruling. May Allah reward you with good?
The answer: If she knew that she killed him by sleeping on him, or by throwing a garment on him that cut off his breath, or something similar, then she owes an expiation. But if she did not know, then she owes nothing. This depends on her: if she knew that she slept on him or covered him with something heavy, like a blanket or a quilt, and he died as a result, she owes an expiation, which is: freeing a believing slave. If she is unable to do so, she fasts two consecutive months, sixty days. This is the expiation. As for the blood money, it is on the 'aqilah if it is established that she killed him by mistake. It is on the 'aqilah, who are the male agnatic relatives, unless the guardians of the child forgive it. The point is that she owes the expiation, and the expiation is freeing a believing slave. There are slaves sold in some parts of Africa; if she cannot find one, she fasts two consecutive months, sixty days. All of this is if she is certain that she killed him. But if she does not know the cause of his death, the original state is that her conscience is clear and nothing is required of her, and praise be to Allah. Yes.
The presenter: May Allah reward you with good. How much does it cost in riyals to free a slave, if you would be so kind, O Shaykh?
The Shaykh: These days we buy them for about nine thousand, sometimes ten thousand, and sometimes eleven thousand, around that value. Yes.
The presenter: May Allah reward you with good.
The answer: If she knew that she killed him by sleeping on him, or by throwing a garment on him that cut off his breath, or something similar, then she owes an expiation. But if she did not know, then she owes nothing. This depends on her: if she knew that she slept on him or covered him with something heavy, like a blanket or a quilt, and he died as a result, she owes an expiation, which is: freeing a believing slave. If she is unable to do so, she fasts two consecutive months, sixty days. This is the expiation. As for the blood money, it is on the 'aqilah if it is established that she killed him by mistake. It is on the 'aqilah, who are the male agnatic relatives, unless the guardians of the child forgive it. The point is that she owes the expiation, and the expiation is freeing a believing slave. There are slaves sold in some parts of Africa; if she cannot find one, she fasts two consecutive months, sixty days. All of this is if she is certain that she killed him. But if she does not know the cause of his death, the original state is that her conscience is clear and nothing is required of her, and praise be to Allah. Yes.
The presenter: May Allah reward you with good. How much does it cost in riyals to free a slave, if you would be so kind, O Shaykh?
The Shaykh: These days we buy them for about nine thousand, sometimes ten thousand, and sometimes eleven thousand, around that value. Yes.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.