Is atonement (Kaffarah) obligatory upon a minor or an insane person who causes death?
Chapter on Qasamah (Oaths regarding murder)
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
Atonement is obligatory upon the estates of a minor or an insane person who causes death. This view is held by Al-Shafi'i. The evidence is that atonement is a financial right related to the act of killing, thus it is attached to them, similar to blood money (diyah). This differs from fasting and prayer because those are physical acts of worship, whereas this atonement is financial, resembling the financial obligations (nafaqah) of relatives.
Supporting text
Abu Hanifa holds that no atonement is due from the minor or the insane person because atonement is a pure act of worship required by religious law, and thus it is not obligatory upon them, similar to prayer and fasting.