Is expiation obligatory upon a mother whose daughter died after she placed a light cover on her on a cold night, knowing that the daughter was sick and nursed only with difficulty before her death?
The fundamental principle is the presumption of innocence. If it is proven that the girl died due to severe cold, the mother is liable for blood money (diyya) and expiation (kaffara) due to her negligence. The mother's 'aqila (male agnatic relatives) would bear this burden unless the girl's heirs pardon it. However, if this is not proven, or if there is doubt about it, then nothing is incumbent upon the mother, because the original principle is innocence, and a crime is not established by doubt. Ibn Hazm stated that certainty is the basis for mandating blood money and expiation, for "wealth is inviolable except with certainty, and expiation is a legal obligation, and the Law is not obligatory except by a text or a consensus."
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