Her other question states that a Muslim man was driving his car on one of the streets and, for some reason, lost control of the car, which collided with the sidewalk, and
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The questioner : Her other question states that a Muslim man was driving his car on one of the streets and, for some reason, lost control of the car, which collided with the sidewalk. A man was walking on it, and the car struck him severely. He was taken to the hospital as a result, and after several days, he died from his injuries. It was found out that he was a Korean in one of the Christian churches. This driver fled. What is his obligation in this case and similar ones?
The Shaykh : In this situation, the one from whom the car escaped is the killer of the one on the sidewalk or in the street.
The questioner : Yes.
The Shaykh : Unless the one in the street was the cause of his own death by standing in the path of the cars and not being in a place where the driver could see him before reaching him.
The questioner : Yes, in this case.
The Shaykh : For example.
The questioner : Yes.
The Shaykh : For example, if a person is traveling in a straight line and there are intersecting streets, and one of them comes out of these streets and collides with a car whose driver cannot control it, and he had walked in this street in the usual manner, then in this case, he owes nothing, because the negligence was on the part of the one who walked in front of the car. But if he was on the sidewalk, as in this question.
The questioner : Yes.
The Shaykh : Then there is no doubt that there is no crime from him, meaning no crime from the one who was struck.
The questioner : Yes.
The Shaykh : Because he was in the place designated for him. And this man must pay the blood money to his family, but the blood money in this case is on the responsibility of the killer's clan, because in accidental killing, the blood money is on the clan, as stated in the hadith of the Prophet (peace and blessings be upon him).
The questioner : Does the difference in religion have no effect?
The Shaykh : The difference in religion has no effect, because this man’s blood is protected. But if he were not protected, if he were a combatant, it would be wasted.
The questioner : Yes.
The Shaykh : If he is protected, then he has his blood money, and the blood money is known to the scholars.
The questioner : Yes, so this fleeing driver must surrender himself and pay the blood money to the family of this murdered man.
The Shaykh : Yes, and he must also fast for two consecutive months, due to the saying of Allah the Exalted:[An-Nisa 4:92].
The questioner : Yes.
The Shaykh : Yes.
The questioner : And this is a message from the listener A S A Q from Jeddah.
The Shaykh : In this situation, the one from whom the car escaped is the killer of the one on the sidewalk or in the street.
The questioner : Yes.
The Shaykh : Unless the one in the street was the cause of his own death by standing in the path of the cars and not being in a place where the driver could see him before reaching him.
The questioner : Yes, in this case.
The Shaykh : For example.
The questioner : Yes.
The Shaykh : For example, if a person is traveling in a straight line and there are intersecting streets, and one of them comes out of these streets and collides with a car whose driver cannot control it, and he had walked in this street in the usual manner, then in this case, he owes nothing, because the negligence was on the part of the one who walked in front of the car. But if he was on the sidewalk, as in this question.
The questioner : Yes.
The Shaykh : Then there is no doubt that there is no crime from him, meaning no crime from the one who was struck.
The questioner : Yes.
The Shaykh : Because he was in the place designated for him. And this man must pay the blood money to his family, but the blood money in this case is on the responsibility of the killer's clan, because in accidental killing, the blood money is on the clan, as stated in the hadith of the Prophet (peace and blessings be upon him).
The questioner : Does the difference in religion have no effect?
The Shaykh : The difference in religion has no effect, because this man’s blood is protected. But if he were not protected, if he were a combatant, it would be wasted.
The questioner : Yes.
The Shaykh : If he is protected, then he has his blood money, and the blood money is known to the scholars.
The questioner : Yes, so this fleeing driver must surrender himself and pay the blood money to the family of this murdered man.
The Shaykh : Yes, and he must also fast for two consecutive months, due to the saying of Allah the Exalted:
and if he was from a people with whom you have a treaty - then a compensation payment presented to his family and the freeing of a believing slave
وَإِنْ كَانَ مِنْ قَوْمٍ بَيْنَكُمْ وَبَيْنَهُمْ مِيثَاقٌ فَدِيَةٌ مُسَلَّمَةٌ إِلَى أَهْلِهِ وَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍThe questioner : Yes.
The Shaykh : Yes.
The questioner : And this is a message from the listener A S A Q from Jeddah.