Dought & clear - , She helped her neighbour give birth then the child died and she does not know whether the cause was her pulling him by his head or the difficulty of the birth; what should she do?.

My grandmother, who is 84 years old, has been constantly asking about
this fatwa for more than 40 years, because she always has a guilty
conscience and feels thatshe did wrong and wants to expiate for it if
there is any sin on her. The story began when my grandmother helped
her neighbour give birth, because at that time there were no health
centres or hospitals. During the birth, my grandmother pulled the baby
out by his head because the birth was difficult and the baby was stuck
in the birth canal. My grandmother pulled the baby out and found that
he had died and his face was blue; she does not know whether the baby
died because of her pulling on his head or if he had suffocated when
he was stuck in the birthcanal. I hope that you can tell us whether
thereis any sin on her and what she must do in order to put her mind
at rest, as her conscience has always been bothering her. She is an
old lady, religiously committed and always does good deeds; perhaps in
the past she was unaware of what can be done during a difficult birth.
It was her eagerness to do good deeds that prompted herto help her
neighbour?.
Praise be to Allaah.
The shar'i ruling concerning your question depends; there are three
possible scenarios.
(i)
If doctors and specialist obstetricians say that it is most likely
that your grandmother had nothing to do with the death of the infant
during the birth, and that what she tells of thedetails that she
remembers about the birth indicate that the death occurred naturallyas
a result of the difficultlabour. In this case your grandmother is not
liable and there is no sin on her; she does not have to pay diyah
(bloodmoney) or offer expiation because she is not responsible and had
no connection to the death.
(ii)
If the consultant doctors are uncertain and the details that the
questioner related cannot help them to define the cause of death, then
are your grandmother does not have to do anything, because the basic
principle is that the individual is innocent and that cannot be
changed without proof and evidence.
(iii)
But if the doctors think itmost likely that the cause of the infant's
death was a mistake during the birth, and that pulling on the head in
this manner led to suffocation, then this is accidental killing, and
the one who did that has to repent sincerely and fast two
consecutivemonths as expiation for accidental killing. She also has to
pay diyah (blood money) to the heirs of the infant unlessthey agree to
let her off. The Prophet (blessings and peace of Allah be upon him)
said: "The one who gives medical treatment when he is not known to
have knowledge of medicine is liable." Narrated by Abu Dawood and
classedas hasan by al-Albaani. Saheeh al-Jaami', 6153.
Imam ash-Shaafa'i (may Allah have mercy on him) said:
If someone orders a manto treat him with cupping, circumcise his child
or treat his animal, and they die as a result of his actions, if he
did what is usually done in the interests of the one to whom it was
done according to those who have knowledge of such matters, then he is
not liable; but if he did whatis not usually done by one who is
seeking to do the right thing and has knowledge of such matters, then
he is liable.End quote from al-Umm, 6/185
Imam al-Khattaabi (may Allah have mercy on him) said:
I do not know of any dissenting opinion with regard to medical
treatment; if (the doctor)mishandles the case and the patient dies, he
is liable. The one who deals with matters of knowledge or practical
matters when he has no knowledge thereof is a wrongdoer; if damage
results from his actions, he is liable and must paythe diyah, but the
hadd punishment is not to be carried out on him.
End quote from Ma'aalimas-Sunan, 4/39
For more information please see al-Mawsoo'ahal-Fiqhiyyah
al-Kuwaitiyyah, 12/138; Ahkaam al-Jarraahah at-Tibbiyyah by
ash-Shanqeeti, p. 519-534
To sum up, it is essential to consult specialist doctors. If they
think it most likely that your grandmother made a mistake, then she is
liable and must pay the diyah and observe the expiatory fast;
otherwiseshe does not have to do anything. May Allah *- visit for
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