What is the ruling on the one whose negligence caused the death of her daughter?
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Question:
This is a message we received from the listener Jawhara Muhammad al-Tariqi, from Buraydah. Her message is very long, but in summary she says:
She has a daughter who is one and a half years old. One day, she went to visit her relatives as usual, since she had married into their farm. The farm has a large pond, which flows into a small pond. She mentioned the story of swimming in it with the children and the relatives' sons. Then she said: We lost the girl, and after searching for her, my sister brought her back by her hands, and she had fainted. So, for example, I tried to remove the water from her or do something like that, or make her turn her head, the point is that the girl passed away. She asks: Is it obligatory for me to fast, or is it not obligatory? And if fasting is obligatory, do I fast two consecutive months without interruption if menstruation comes, or do I break the fast if menstruation comes... and so on?
Answer:
The safest course for you, O sister in Allah, is fasting; the safest course for you is expiation; because you were negligent in leaving her with the small children at the pond which has water and danger. A child of this age, one and a half years old, should not be left alone; rather, she should be protected, and she should be in the care of a trustworthy man or woman, so that they protect her.
As for your negligence in leaving her until she went to the water, and you know about the pond and that it exists, this is negligence. You should expiate by freeing a believing slave. If you do not find one, then fast two consecutive months. The presence of menstruation does not harm, and it does not break the fast. If you break the fast for the number of days of menstruation only, then when you become pure, you should hasten to fast, for it does not break the fast, and the fast continues for two consecutive months. Menstruation is a legal excuse that does not break the fast, but on the condition that you hasten to fast from the day following the day of purity, until you complete sixty days. Yes.
This is a message we received from the listener Jawhara Muhammad al-Tariqi, from Buraydah. Her message is very long, but in summary she says:
She has a daughter who is one and a half years old. One day, she went to visit her relatives as usual, since she had married into their farm. The farm has a large pond, which flows into a small pond. She mentioned the story of swimming in it with the children and the relatives' sons. Then she said: We lost the girl, and after searching for her, my sister brought her back by her hands, and she had fainted. So, for example, I tried to remove the water from her or do something like that, or make her turn her head, the point is that the girl passed away. She asks: Is it obligatory for me to fast, or is it not obligatory? And if fasting is obligatory, do I fast two consecutive months without interruption if menstruation comes, or do I break the fast if menstruation comes... and so on?
Answer:
The safest course for you, O sister in Allah, is fasting; the safest course for you is expiation; because you were negligent in leaving her with the small children at the pond which has water and danger. A child of this age, one and a half years old, should not be left alone; rather, she should be protected, and she should be in the care of a trustworthy man or woman, so that they protect her.
As for your negligence in leaving her until she went to the water, and you know about the pond and that it exists, this is negligence. You should expiate by freeing a believing slave. If you do not find one, then fast two consecutive months. The presence of menstruation does not harm, and it does not break the fast. If you break the fast for the number of days of menstruation only, then when you become pure, you should hasten to fast, for it does not break the fast, and the fast continues for two consecutive months. Menstruation is a legal excuse that does not break the fast, but on the condition that you hasten to fast from the day following the day of purity, until you complete sixty days. Yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.