Is the mother sinful for the death of her second child, who was stillborn after she refused to let the midwife touch her to deliver him, and is expiation obligatory upon her?
The determination of the woman's culpability in the death of the newborn is referred to experts. There are two cases:
1. If the newborn emerged alive but died due to delayed delivery: And the woman was the cause, then she owes blood money (diyah) and expiation (kaffarah). The diyah (paid to the heirs by the woman's 'aqilah - her male relatives responsible for blood money - and the mother does not inherit from it) and the kaffarah is freeing a believing slave or fasting for two consecutive months. 2. If the newborn emerged dead due to delayed delivery: And the mother was the cause, then she owes a "ghurrah," which is one-tenth of the mother's blood money, and she pays it herself, not her 'aqilah.
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- Original fatwa ID
- 98106
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