What is the ruling on the death of a person due to an unintentional medical error during a surgical operation in which their injury was not fatal? Who is responsible for their death, and upon whom is the blood money (diyah) incumbent? What should be done if the necessary funds are unavailable? Is it obligatory to inform the family of the deceased and the family of the one who caused the error about this incident? What is your advice to the one who caused the error, who feels guilt and despair and wants to quit their job? Is it permissible to give charity on behalf of the deceased when unable to pay the blood money?

If it is proven that an anesthetist's unintentional error led to the patient's death, then he is liable for it in two ways: expiation and blood money (diyah). The expiation is to fast for two consecutive months. As for the blood money, it is incumbent upon his aqilah (his male relatives from the paternal side). If there is doubt about the cause of death, he should consult the doctors. If they state that his action caused the death, then he is liable; otherwise, not. If there is no aqilah, or they refuse, or if there is no public treasury (bayt al-mal), then there is a difference of opinion regarding whether the blood money is waived or incumbent upon the perpetrator, with the more apparent view being that it is waived. In all cases, the expiation remains incumbent upon him. He should not abandon his profession; rather, he should continue in it with diligence and effort.