Sleeping with a one year old daughter and causing her death
Q: There is an eighty-five-year-old woman whose heart is weak. The doctors prevented her from observing Sawm (fasting) in Ramadan. Her heart does not function normally, but is attached to a life support system, and she wants to observe Sawm as a
Kaffarah (expiation) for accidental killing.
She slept with her daughter who was in her first year, so the girl died at once. Please advise concerning the ruling of Shari`ah (Islamic law) on this. Does she have to pay Sadaqah (voluntary charity) or emancipate a slave, given that she is neither able to observe Sawm nor to emancipate a slave?
If this woman caused the death of her girl, (Part No. 21; Page No. 469) she has to pay Kaffarah, which is emancipating a slave. If she cannot do so, she has to observe Sawm for two consecutive months. Sawm is obligatory only if she cannot emancipate a slave.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.