العروة الوثقى الزيدية - موقع إسلامي يهدف لتعريف الزائر بفكر وتراث المسلمين الزيدية

The Question

Question: A woman lay down, and her infant son was beside her, nursing from her. When she woke up, she found that her infant had died, even though at the beginning of the night he had been in good health and sound condition. This mother became afraid that she was the one who had killed him while asleep. What is required of her?

The Answer

The answer – and Allah is the One who grants success – is that if she admits that she caused his death, then the diyah is obligatory upon her from her own wealth, and nothing is upon the ʿāqilah, because they do not bear liability in a case proven only by confession. She is also required to fast two consecutive months.
This is the most that is required of her if she wants to act with precaution. But if she does not fear that she was the cause of his death and does not think that, then nothing is required of her; the basic principle is freedom from liability, and she is entrusted with herself.

Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2