What is the ruling on one who kills a woman by mistake?
Machine translationRead the Arabic original
Question:
The questioner says: I was driving my car and hit a woman, and she died because the car had no brakes. Is there anything required of me? May Allah reward you with good.
Answer:
Yes, it is clear that you killed her, but this killing was accidental. This is accidental killing. Allah (Exalted and Majestic) says:[An-Nisa 4:92] up to His saying: [Al-Mujadila 58:4] So two things are obligatory upon you. The first is the blood money (diyah) if they demand it. The second is the expiation (kaffarah), and this is between you and Allah. The blood money is a right belonging to the awliya (close friends of Allah) of the deceased woman, while the expiation is a right belonging to Allah (Glorified and Exalted is He).
The expiation is freeing a slave; freeing a slave whom you own from slavery, making him free after he was a slave. This is if it is possible. If it is not possible, and slavery and freeing slaves do not exist, then you fast[An-Nisa 4:92]. And our brothers who drive cars, they must ensure the car is in good working order before they move it. Does it have brakes? Does it have its equipment? Does it have the necessities for driving? Before they move it. He does not move it while he does not know about it?
This is negligence. Also, they must not speed while driving. Because speed is a cause of accidents. And they must also, if they are not good at driving, not drive cars when they are not good at it.
They expose themselves and the people to danger. Also, if a person feels sleepy, he should not drive the car while he feels sleepy. He should not drive the car until he has complete capability to drive the car and complete assurance regarding the car's mechanisms, because he exposes himself and the people to destruction and ruin if he does not ensure these matters. Yes.
The questioner says: I was driving my car and hit a woman, and she died because the car had no brakes. Is there anything required of me? May Allah reward you with good.
Answer:
Yes, it is clear that you killed her, but this killing was accidental. This is accidental killing. Allah (Exalted and Majestic) says:
And whoever kills a believer by mistake - then the freeing of a believing slave and a compensation payment presented to the deceased's family [is required] unless they give [up their right as] charity.
وَمَن قَتَلَ مُؤْمِنًا خَطَأً فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ وَدِيَةٌ مُّسَلَّمَةٌ إِلَىٰ أَهْلِهِ إِلَّا أَن يَصَّدَّقُواAnd he who does not find [a slave] - then a fast for two months consecutively
فَمَن لَّمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِThe expiation is freeing a slave; freeing a slave whom you own from slavery, making him free after he was a slave. This is if it is possible. If it is not possible, and slavery and freeing slaves do not exist, then you fast
a fast for two months consecutively, [seeking] acceptance of repentance from Allah. And Allah is ever Knowing and Wise.
شَهْرَيْنِ مُتَتَابِعَيْنِ تَوْبَةً مِّنَ اللَّهِ وَكَانَ اللَّهُ عَلِيمًا حَكِيمًاThis is negligence. Also, they must not speed while driving. Because speed is a cause of accidents. And they must also, if they are not good at driving, not drive cars when they are not good at it.
They expose themselves and the people to danger. Also, if a person feels sleepy, he should not drive the car while he feels sleepy. He should not drive the car until he has complete capability to drive the car and complete assurance regarding the car's mechanisms, because he exposes himself and the people to destruction and ruin if he does not ensure these matters. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، ما حكم من قتل امرأة بالخطأ؟ للشيخ الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.