The ruling on a mother who was the cause of her child's death without intent
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Question:
I have a sister who went to the hospital one day, and when she returned from the hospital, she was in a hurry, so she placed the medication in an unsafe place. She had a small daughter, and the child ate that medication, which led to the death of the little girl. We ask your Eminence to convince her with what will satisfy her conscience, so that she says: "I have committed a sin." Please advise us: does any type of the hudud (fixed Qur'anic punishments) that Allah has prescribed apply to her, or is there an expiation for that sin which was not intentional, and so on?
Answer:
We hope that there is no sin upon her; because she did not intend to kill her, and she did not intend to cause that, but rather she was negligent and forgot the danger, so she placed it in an inappropriate place within the reach of the children and the small boy. What appears from this is that she owes the diyah (blood money) and the kaffarah (expiation); because she was negligent, placing it in a place close to the small children who do not understand. It is obligatory for her to place it in a high place, in a place far from the reach of the small children.
As for the sin, we hope that there is no sin upon her; because she did not intend harm, but rather she was negligent, or forgot, so she placed it in an inappropriate place. However, she owes the diyah and the kaffarah, unless the heirs forgive the diyah, in which case there is no harm. As for the kaffarah, it is freeing a believing slave. If she does not find one, she fasts for two consecutive months.
I have a sister who went to the hospital one day, and when she returned from the hospital, she was in a hurry, so she placed the medication in an unsafe place. She had a small daughter, and the child ate that medication, which led to the death of the little girl. We ask your Eminence to convince her with what will satisfy her conscience, so that she says: "I have committed a sin." Please advise us: does any type of the hudud (fixed Qur'anic punishments) that Allah has prescribed apply to her, or is there an expiation for that sin which was not intentional, and so on?
Answer:
We hope that there is no sin upon her; because she did not intend to kill her, and she did not intend to cause that, but rather she was negligent and forgot the danger, so she placed it in an inappropriate place within the reach of the children and the small boy. What appears from this is that she owes the diyah (blood money) and the kaffarah (expiation); because she was negligent, placing it in a place close to the small children who do not understand. It is obligatory for her to place it in a high place, in a place far from the reach of the small children.
As for the sin, we hope that there is no sin upon her; because she did not intend harm, but rather she was negligent, or forgot, so she placed it in an inappropriate place. However, she owes the diyah and the kaffarah, unless the heirs forgive the diyah, in which case there is no harm. As for the kaffarah, it is freeing a believing slave. If she does not find one, she fasts for two consecutive months.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
