The Standard for Negligence and Liability in the Death of a Blind Daughter
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Question:
Our sister also says: As for the second daughter, she was born blind in both eyes and lived with me for four years in the condition described. Every time, I saved her from danger. For example, she would try to throw herself from the house onto the street, and I would keep watch over her. But one day, she threw herself from the fourth floor onto the street, remained for a short while, and then died.
So, O esteemed Shaykh, did I fall short in my duty toward her? Whenever I think of her, my conscience reproaches me. Do I bear any sin or blame because I left her? Or is this divine decree and destiny upon me? And if I do bear a sin, should I fast for two months, or what should I do if I have committed a sin or wrong against her?
May Allah grant success, and may Allah reward you with good.
Answer:
If you left her on the top roof, and there was no fence or barrier, then you were negligent, and you owe the blood money and expiation. The blood money is for the heirs, and you owe the expiation, which is freeing a believing slave if that is feasible. If you are unable to do so, then fasting for two consecutive months; because it is obligatory for you to protect and safeguard her, and she is a trust in your care. If you were not negligent, and she was on a secured roof from which she could not fall, but she fidgeted until she climbed onto the wall, or through a window she fell with it, and it was high above the ground, but she tried through her fidgeting, then nothing is upon you, if Allah wills; because you were not negligent in such a case.
As for if she was in a place where it is known that if left there, she would fall, because it has no protection to shield her from falling, this is negligence that necessitates liability, and we ask Allah to compensate you with good.
The presenter: May Allah reward you with good.
Our sister also says: As for the second daughter, she was born blind in both eyes and lived with me for four years in the condition described. Every time, I saved her from danger. For example, she would try to throw herself from the house onto the street, and I would keep watch over her. But one day, she threw herself from the fourth floor onto the street, remained for a short while, and then died.
So, O esteemed Shaykh, did I fall short in my duty toward her? Whenever I think of her, my conscience reproaches me. Do I bear any sin or blame because I left her? Or is this divine decree and destiny upon me? And if I do bear a sin, should I fast for two months, or what should I do if I have committed a sin or wrong against her?
May Allah grant success, and may Allah reward you with good.
Answer:
If you left her on the top roof, and there was no fence or barrier, then you were negligent, and you owe the blood money and expiation. The blood money is for the heirs, and you owe the expiation, which is freeing a believing slave if that is feasible. If you are unable to do so, then fasting for two consecutive months; because it is obligatory for you to protect and safeguard her, and she is a trust in your care. If you were not negligent, and she was on a secured roof from which she could not fall, but she fidgeted until she climbed onto the wall, or through a window she fell with it, and it was high above the ground, but she tried through her fidgeting, then nothing is upon you, if Allah wills; because you were not negligent in such a case.
As for if she was in a place where it is known that if left there, she would fall, because it has no protection to shield her from falling, this is negligence that necessitates liability, and we ask Allah to compensate you with good.
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.