Diyah for killing the fetus

Q: I had an accident in 1402 A.H. two days (Part No. 21; Page No. 338) before the beginning of Ramadan. My sister was in the car when this happened and she was seven and a half months pregnant. Both of us were injured and hospitalized. The next day, she miscarried the baby. Passengers in the other car involved in the accident were the driver and his father, and the father died immediately. Both cars were at fault according to the police report on the accident, and the judge sentenced me to pay half the Diyah (blood money), which I did. Now I want to know: What is the Kaffarah (expiation) I should make? For how many days should I fast as expiation? Please bear in mind that I suffer from pneumonitis and my case becomes worse when I get thirsty. Peace be upon you!

A: You should pay the Diyah for the deceased, as specified by the judge, as well as the Diyah of the fetus. You also have to make Kaffarah for both of them. The Kaffarah for involuntary manslaughter is manumitting a believing slave, and if this is not available, you have to fast for two successive months for each person who died due to your mistake. Allah (Exalted be He) says: It is not for a believer to kill a believer except (that it be) by mistake; and whosoever kills a believer by mistake, (it is ordained that) he must set free a believing slave and a compensation (blood-money, i.e. Diya) be given to the deceased’s family, unless they remit it. Up to: And whoso finds this (the penance of freeing a slave) beyond his means, he must fast for two consecutive months in order to seek repentance from Allâh. And Allâh is Ever All-Knowing, All-Wise. (Part No. 21; Page No. 339) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.