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Fatwa CenterOne is not responsible for the death of child without clear negligence
Question
Assalamualykum, Recently 2 months back, my son 30 months aged passed away from me by drowning in water near my house premises. That was a storage underground tank situated backside of my rented house. It was 3.30 afternoon, september 16; 2014. I and my wife both were in house speaking on mobile during that time with 30 min duration. during talking in phone, he came to me and asked phone to play and shouted him with big voice. He cried and went outside home i don't observe him due to we both in call. After that i called him and searched him throughout house and premises. I couldn't found him, suddenly, my house owner found my boy in water tank, which is not covered properly all the time. I found its over, i couldn't done anything first aid and shifted to hospital, but my friend doctor told me he is no more. My question is : Is it my irresponsibility to take care of my kid? Whether the almighty can forgive this sin? Kindly guide me in this regard because my heart is breaking with this sin. And also kindly tell about grave punishments of both childs and adults? I highly thankful if you give detailed on this issue. Thanks Dr Mahaboob, NMC Hospital, Nellore,A.P,India.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
First of all, please accept our condolences on the loss of your son. We console you in the same way that the Prophet, sallallaahu ‘alayhi wa sallam, consoled his daughter when her son died, saying: “Verily, to Allaah belongs what He took, and to Him belongs what He gave, and everything with Him has an appointed time, so you should be patient and hope for Allaah’s reward.” [Al-Bukhari and Muslim]
We ask Allaah to make him an intercessor on behalf of his parents on the Day of Judgment. The Prophet, sallallaahu ‘alayhi wa sallam, said: “Your small children are the roamers of Paradise. If one of them meets his father (or he said: his parent), he will take hold of his clothes, and he (the child) will not remove (his hands) from them until Allaah makes his father and him enter Paradise.” [Muslim]
As regards the situation of an adult person in the grave, it is known, and many authentic Ahaadeeth were reported concerning the fact that he will be tested in the grave. He will either be in bliss or in torment according to the different circumstances of the person, except for some exceptions. For more benefit on the trial in the grave and its bliss or punishment, please refer to Fataawa 82911 and 83540.
With regard to the children and their situation in the grave, there is no evidence about this. However, there is general evidence that the souls of the faithful will be in the craws of birds that eat from the fruits of Paradise. Please refer to Fatwa 152871. Children are not held accountable for their deeds in the first place as they have not reached maturity, so they are not punished in their graves, and they will not be held accountable on the Day of Judgment.
On the other hand, the presumption is that you are not responsible for the death of your son, and you are not sinful. Unintentional killing or its consequent laws do not pertain to you based on uncertainty alone. The fact that you were preoccupied with speaking on the phone is not evidence that you did not take care of your son.
Moreover, if the tank not being properly covered all the time does not normally constitute a threat to the life of this child or others, then you were not negligent. But if there was clear negligence that caused his death, then his death is considered unintentional killing, and what is required in that case is what is required of one who kills someone unintentionally. Please refer to Fatwa 88305.
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