Q: Around forty years ago, my father and my uncle lived in one house, each in a flat with his family. Each one of their wives used to have her own sheep that belonged to her family. My uncle had once traveled before his wife's relatives visited us. Since my father was the only person who would provide for the two families, he tried to slaughter one of my mother's sheep to feed the guests. Nevertheless, my mother refused to give my father from her sheep and told him that he had to take from the sheep of his brother's wife because the guests were her relatives. My father insisted to take from my mother's sheep by force. He thus
beat her in different parts of her body and threw her to the floor. As my mother was in the ninth month of pregnancy, ten days later she had a miscarriage.
Two baby girls died, the first was born dead while the second lived for two days then died. My mother told me that this second baby died as a result of the beating as their marks were clear on the baby's body. (Part No. 21; Page No. 410) Please tell me in detail what is the ruling on my father and what does he have to do? May Allah safeguard you.
If reality is exactly as what is mentioned in the question, it will be Wajib (obligatory) on your father to make two Kaffarahs (expiations) of involuntary manslaughter: one for causing the death of the fetus and the other for causing the death of the baby girl who was born alive but then died because of the beating that the mother was subjected to. One Kaffarah is to feed a believing slave or, in case of inability to do so, to observe Sawm (Fast) of two successive months. Moreover, your father has to pay to your mother her portion in the Diyah (blood money) of each of the two baby girls unless your mother waives it. The rest of the Diyah value has to be given to the other heirs unless they waive their shares. One full Diyah has thus to be paid for the baby who was born alive then died and one tenth of such a value has to be paid as a Diyah for the baby who was born dead. Regarding your father, he is neither allowed to inherit from the two baby girls nor exclude anybody to inherit from them because he is the one who caused the death of the two girls.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.