A nine-year-old girl driving the car with her brother's permission and running over her niece

Q: I had a one year old baby. One day, one of my sisters drove the car when my elder brother, who was forty years old, ordered her to refuel it. The driver of the car was nine years old. My child was among a group of children standing around the car. The mother of the driver was busy inside the house and was unaware of what her child was doing. When my sister started driving the car, the children sat on the trunk except the one year old girl. The little girl was standing in front of the car on the right side and the driver did not notice her. It was Allah's Will that the car ran over the girl, who died immediately. I ask Allah then your Eminence to give me a satisfactory answer (Part No. 21; Page No. 429) about the required Kaffarah (expiation), or if there is any other penalty. It is worth mentioning that the girl who drove the car is sixteen years old now. Who is obligated to observe Sawm (Fast) or make Kaffarah? The girl who drove the car, the elder brother who ordered her to drive the car, or the mother who was inside the house?

A: The Diyah (blood money) is to be settled by court. Regarding Kaffarah, it should be made by the person who gave the order of driving the car, namely, the elder brother. This Kaffarah is freeing a believing slave; but if he does not find a slave to set free, he must observe Sawm for two consecutive months as a way of seeking acceptance of repentance from Allah.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.