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The question

Is it permissible to distribute a sum of money to charitable causes, such as orphan care, as expiation for a medical error that led to the death of a patient, in the event that the deceased's family cannot be reached, and the father refuses to pay the money for fear of extortion?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

An ignorant doctor who is not proficient in his profession, if he treats a patient and damages an organ or a life by his action or his prescription of medicine, then he is sinful and liable for the consequences of his transgression, based on the Prophet, peace and blessings be upon him, saying: "Whoever practices medicine without having been known to practice medicine before, he is liable." As for the knowledgeable doctor, his mistake lifts the sin from him but does not lift the liability. The blood money (Diyah) in this case falls upon his 'Aqila (male relatives on the father's side, responsible for paying blood money); because it is a mistake, unless the damage is less than one-third of the Diyah, in which case it is paid from his personal wealth. It is obligatory to seek out the rightful heirs and deliver the compensation to them by any possible means.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
62416
Imported
Translation status
Source text, unreviewed
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