Letting some children sit in the car trunk but a girl fell off and died

Q: Fifteen days ago, I drove my family to Makkah Al-Mukarramah. Upon my return to my residence in Bishah, (Part No. 21; Page No. 411) I put my young children in the luggage compartment of my Hilux car. It should be noted that the luggage compartment has no grille. My 4-year old daughter fell from the car because of a windstorm that had blown out during our return. She fell on the asphalt and died. Now, should my wife or I offer the Kaffarah (expiation) of involuntary manslaughter? It is noteworthy that the luggage compartment is very large and fits the three children who liked to sit inside it.


A: If you put the said daughter in the luggage compartment without having an adult who could control and watch her, you are neglectful and have to offer the Kaffarah of involuntary manslaughter. You must free a believing slave and if you can not afford it, you should fast for two consecutive months. If there was an adult with her who could control and watch her, but she fell due to their negligence, the Kaffarah must be offered by them not you.May Allah grant us success. May peace and blessings of Allah be upon our Prophet Muhammad, his family and Companions!


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