Is expiation for accidental killing obligatory for a woman whose fetus died in her womb due to negligence or ignorance of health rules? And is it permissible for her to fast for two months instead of emancipating a slave, especially since there are reliable channels for performing emancipation?
If a pregnant woman performs an act that typically leads to a miscarriage, and the fetus aborts as a result, she is obligated to pay the ghurrah (one-tenth of the mother's blood money) and perform expiation (). The ghurrah can be waived if the heirs pardon her. However, the kaffarah cannot be waived; it involves freeing a believing slave. If she cannot find one, then she must fast for two consecutive months, based on the Almighty's saying: "It is not for a believer to kill a believer except by mistake. And whoever kills a believer by mistake – then the freeing of a believing slave and a compensation payment presented to his family, unless they give [it up as] charity. But if he was from a people hostile to you and he was a believer, then [the compensation is only] the freeing of a believing slave. And if he was from a people with whom you have a treaty and he was a believer, then a compensation payment presented to his family and the freeing of a believing slave. And whoever does not find [one or afford its price] – then a fast for two consecutive months as repentance to Allah. And Allah is ever Knowing and Wise."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 36862
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy