Negligence of a Mother Resulting in Child’s Death: Expiation and Legal Ruling
❖ Question:
If a woman's own child dies due to being accidentally crushed under her, will she be held legally accountable for murder, or will she be considered excused?
❖ Answer by: Shaykh Abdul Wakeel Nasir ḥafiẓahullāh
◈ If the child's death occurred unintentionally, and the woman was unaware that the child was beneath her, then she will not be held accountable for murder and will be considered excused.
◈ However, if it is proven that the child died due to the mother’s negligence or the placement of a heavy object, then both expiation (kaffārah) and blood money (diyah) will become obligatory upon her.
In such a case, the following must be done:
◈ She must free a believing slave, and if that is not possible, then
◈ She must fast continuously for sixty days.
❝ وَمَنْ قَتَلَ مُؤْمِنًا خَطَأً فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ وَدِيَةٌ مُسَلَّمَةٌ إِلَىٰ أَهْلِهِ ❞
"And whoever kills a believer by mistake – then the freeing of a believing slave and a compensation payment (diyah) to the deceased’s family is required."
(Sūrah al-Nisāʾ: 92)
◈ The responsibility of paying diyah (blood money) lies upon the ‘ʿāqilah’ (the male relatives of the offender), as is established in cases of unintentional killing according to Islamic law.
✔ If the mother’s negligence is not proven, no legal case will be filed against her.
✔ If the death occurred due to her negligence or carelessness, then expiation (kaffārah) and blood money (diyah) will be obligatory upon her.
✔ This ruling is based on the fatwa of Shaykh Ibn Bāz رحمه الله.
❖ Question:
If a woman's own child dies due to being accidentally crushed under her, will she be held legally accountable for murder, or will she be considered excused?
❖ Answer by: Shaykh Abdul Wakeel Nasir ḥafiẓahullāh
① Determining Excuse or Murder
◈ If the child's death occurred unintentionally, and the woman was unaware that the child was beneath her, then she will not be held accountable for murder and will be considered excused.
◈ However, if it is proven that the child died due to the mother’s negligence or the placement of a heavy object, then both expiation (kaffārah) and blood money (diyah) will become obligatory upon her.
② Expiation (Kaffārah)
In such a case, the following must be done:
◈ She must free a believing slave, and if that is not possible, then
◈ She must fast continuously for sixty days.
❝ وَمَنْ قَتَلَ مُؤْمِنًا خَطَأً فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ وَدِيَةٌ مُسَلَّمَةٌ إِلَىٰ أَهْلِهِ ❞
"And whoever kills a believer by mistake – then the freeing of a believing slave and a compensation payment (diyah) to the deceased’s family is required."
(Sūrah al-Nisāʾ: 92)
③ Blood Money (Diyah)
◈ The responsibility of paying diyah (blood money) lies upon the ‘ʿāqilah’ (the male relatives of the offender), as is established in cases of unintentional killing according to Islamic law.
❖ Summary:
✔ If the mother’s negligence is not proven, no legal case will be filed against her.
✔ If the death occurred due to her negligence or carelessness, then expiation (kaffārah) and blood money (diyah) will be obligatory upon her.
✔ This ruling is based on the fatwa of Shaykh Ibn Bāz رحمه الله.
