that is more spacious than its present location. In any case, the matter must be brought before the local judge or a recognized mufti in the area so that he may look into it. Allah alone grants success.
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Doctors and the Death of Patients During Surgical Operations
Question: With regard to doctors who perform surgeries, suppose a patient dies in their hands during the operation as a direct result of that procedure. Does anything befall them, and are they required to offer a kaffārah (expiation)?
Answer: If negligence on their part leads to the patient’s death, or if the physician is not competent to carry out the surgery, he is held responsible. In that case, a kaffārah (expiation) becomes obligatory upon him, and the diyah (blood money) is payable by his ʿāqilah (male agnate relatives), for this is deemed accidental homicide.
If, however, the doctor is skilled in performing the operation, the patient’s condition reasonably warrants the procedure, and no negligence occurs, then there is no sin upon him and no liability or kaffārah is due.
Question: If there was negligence and more than one person was involved—for example, a doctor assisted by one or two helpers—are they all obliged to offer this kaffārah?
Answer: If the patient dies because of the negligence and carelessness of the doctor and those assisting him, they all share the responsibility; accordingly, they all share both the financial liability and the kaffārah. Allah knows best.
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