A pregnant woman breaking a log that bounced and hit her causing her miscarriage
Q:
I
was pregnant in the seventh month and while breaking firewood with my axe, the wood I hit bounced back and hit me in my stomach.
(Part No. 21; Page No. 309) This affected the fetus and a week later, I lost my daughter. What should I do? Please bear in mind that I did not do it intentionally. This was my last pregnancy after delivering nine babies that did not survive. I am now between 70 and 80 years old. Please give us your Fatwa (legal opinion issued by a qualified Muslim scholar). May Allah reward you well!
A:
If the reality is as you mentioned, you have to pay the Diyah (blood money) of this fetus which is one tenth of the mother's Diyah. The value in Saudi currency is approximately 2,000 Riyals,
unless the heirs give up their right. You are not entitled to any share in the inheritance and you have to make Kaffarah (expiation) for involuntary manslaughter. To do this you must manumit a believing slave, and if this is not available you have to fast for two successive months. Allah (Exalted be He) 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:
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 Allâh. And Allâh is Ever All-Knowing, All-Wise.
(Surah Al-Nisa', 4:92)We ask Allah (Exalted be He) to reward you and help you do what is necessary! (Part No. 21; Page No. 310) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.