He Killed His Daughter Unintentionally
Question :
An accident happened to me by Allah's Ordainment and Decree and it occurred as follows:
When I was returning from work, I went to thresh the crops. My car moved, and my daughter who was three years of age was run over and died, while I did not know that she was behind the car. I request Your Eminence to kindly deliver a legal verdict for me regarding what ransom is required of me according to the Islamic Law, bearing in mind that I am a farmer who works all day long and fasting is difficult for me.
Answer:
If the matter is as you have stated, then your killing her was a mistake due to you being neglectful of the area around your car. You must pay the Diyah to her heirs, unless they waive it. And you do not inherit from her. You must also make atonement for an accidental death, which is to free a believing slave, or if you do not find one, then to fast for two consecutive months. And it is not sufficient to feed the poor instead of that, or to pay money, because Allah did not mention anything besides freeing a slave and fasting for the atonement of killing by mistake. And your Lord is not forgetful; Allah, Most High says:
"and whosoever kills a believer by mistake, (it is ordained that) he must set free a believing slave and a compensation (blood money, i.e. Diya) be given to the deceased's family unless they remit it."
Up to His Words:
"And whoso finds this (the penance of freeing a slave) beyond his means, he must fast for two consecutive months in order to seek repentance from Allah. And Allah is Ever All-Knowing, All- Wise."
And may peace and blessings be upon our Prophet, Muhammad and upon his family and Companions.
Source:
The Permanent Committee
Fatawa Islamiyah, Vol. 6 Pages 176-177
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