Leaving the handicapped daughter in the tub and returning to find her drowned

Q: I used to have a disabled daughter who was thirteen years and five months old. Though I took care of her, she was not well because she would not eat enough and consequently she was not able to walk but she would crawl. Once I put her in the tub to wash her as I would do every day. I left her swimming and went to the kitchen to prepare something (Part No. 21; Page No. 281) intending to go back to her quickly. Unfortunately I forgot my daughter and when I remembered her I went to her immediately but I discovered that she had died. I was distracted and very sad for forgetting her in the tub. Please tell me if there is something Wajib (obligatory) on me. May Allah keep and bless you.

A: If the reality is exactly as what is mentioned in the question, it will be Wajib on you to make a Kaffarah (expiation) which is freeing a believing slave or, in case of inability to do so, observing Sawm (Fast) for two successive months. Moreover, it will be Wajib on your tribe to pay the Diyah (blood money) to the heirs of the deceased if they claim it. A proof for the foregoing is the Ayah (Qur'anic verse) in which Allah (Exalted be He) says: ...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. Until His saying: 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. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.