The ruling on parents if their child dies due to their negligence
Machine translationRead the Arabic original
Question:
A message was received by the program from one of the female listeners who indicated her name with three letters. She says: The questioner (N. D. Q) from al-Kamil, our sister, like many of the female listeners, asks about the death of children whose death may have been due to negligence. For example, she says:
I am a woman from the al-Kamil area belonging to the city of Makkah al-Mukarramah. I have this case with you, and I ask you to issue a ruling on it. I had a small child whom I left with his father in the car while he was going on an errand. The car overturned with them on the road, and the child died. Then, after that period, Allah blessed me with a daughter. One day, I left her playing near the house, and she fell into a water tank, drowned in that tank, and died.
My question is: Do I have a sin in the death of the boy and the girl? Or am I considered negligent, and is it obligatory for me to perform expiation or give charity or do anything?
Please issue a ruling on this, may Allah reward you with good.
Answer:
As for the first child who died with his father, there is nothing upon you regarding him. Rather, the ruling is contingent upon his father if his father did what necessitates liability, such as speeding or the like. In that case, expiation is upon him and blood money is upon the 'aqilah (the paternal clan); because it is quasi-intentional. And if you and the heirs permit it, then there is nothing regarding the blood money.
As for the expiation, it is from his wealth if he did something that necessitates liability. This returns to asking the traffic department about the nature of what happened. If he did what necessitates liability such that the overturning occurred because of that, then expiation is upon him from his wealth, which is freeing a believing slave. If he cannot do that, then fasting two consecutive months. And if some of his close relatives fast on his behalf, may Allah reward them with good.
As for you, there is nothing upon you.
As for the girl whom you left near the tank, this requires detail: If the tank was near her and open, and you knew that, then this is negligence on your part, and expiation is upon you; because you were negligent in this.
But if the tank was far away, or if it was closed and then opened while you did not know, then there is nothing upon you; because such things happen often and safety from this is difficult. But if it was near the girl and you knew that it was near and open, then this is considered negligence on your part. But if it was far away by custom, then there is nothing upon her—may Allah will it—yes.
The presenter: May Allah reward you with good.
A message was received by the program from one of the female listeners who indicated her name with three letters. She says: The questioner (N. D. Q) from al-Kamil, our sister, like many of the female listeners, asks about the death of children whose death may have been due to negligence. For example, she says:
I am a woman from the al-Kamil area belonging to the city of Makkah al-Mukarramah. I have this case with you, and I ask you to issue a ruling on it. I had a small child whom I left with his father in the car while he was going on an errand. The car overturned with them on the road, and the child died. Then, after that period, Allah blessed me with a daughter. One day, I left her playing near the house, and she fell into a water tank, drowned in that tank, and died.
My question is: Do I have a sin in the death of the boy and the girl? Or am I considered negligent, and is it obligatory for me to perform expiation or give charity or do anything?
Please issue a ruling on this, may Allah reward you with good.
Answer:
As for the first child who died with his father, there is nothing upon you regarding him. Rather, the ruling is contingent upon his father if his father did what necessitates liability, such as speeding or the like. In that case, expiation is upon him and blood money is upon the 'aqilah (the paternal clan); because it is quasi-intentional. And if you and the heirs permit it, then there is nothing regarding the blood money.
As for the expiation, it is from his wealth if he did something that necessitates liability. This returns to asking the traffic department about the nature of what happened. If he did what necessitates liability such that the overturning occurred because of that, then expiation is upon him from his wealth, which is freeing a believing slave. If he cannot do that, then fasting two consecutive months. And if some of his close relatives fast on his behalf, may Allah reward them with good.
As for you, there is nothing upon you.
As for the girl whom you left near the tank, this requires detail: If the tank was near her and open, and you knew that, then this is negligence on your part, and expiation is upon you; because you were negligent in this.
But if the tank was far away, or if it was closed and then opened while you did not know, then there is nothing upon you; because such things happen often and safety from this is difficult. But if it was near the girl and you knew that it was near and open, then this is considered negligence on your part. But if it was far away by custom, then there is nothing upon her—may Allah will it—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.