He Dug a Well and a Child Fell in it

Question :

About eight years ago or more, I made a storage tank for water to benefit those in the house as well as others. The people in the house, as well as others used it throughout this time. Due to Allah's Ordainment and His Decree a five year old daughter of ours was drinking from it as usual, because she always used to take water from it for her family at all times. Due to Allah's Ordainment and His Decree, on the 17th of Dhul-Hijjah, 1401 A. H., she went to take water from it as was her custom and she fell in this tank and died, going to the Mercy of Allah, the Almighty, the All-Powerful. For this reason, I am seeking a verdict from Your Eminence regarding my case: Am I obliged to do anything with regard to her, because I was the cause of the tank being dug and built? And (I am asking) what is incumbent upon me as a consequence, due to my fear of Allah, the Most High, the Most Great. Deliver a legal verdict for me regarding my case, and may Allah reward you.

Answer:

If the matter regarding your circumstances and those of the girl is as you have stated, then there is no Diyah payment upon you and no atonement. The fact that you dug the well is not considered a cause of sin for which you would have to make any kind of recompense for.

May peace and the blessings of Allah be upon our Prophet, Muhammad and upon his family and Companions.

Source:
The Permanent Committee
Fatawa Islamiyah, Vol. 6 Page 174