He was involved in an accident and his young brother died with him, then he was involved in another accident in which he died, and he had not yet expiated the death of his brother.
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Q: One of my brothers, who was 18 years old, took the key to
my father's car and took with him my brother who was 8 years old to fetch some household items. A few minutes after they left the house, a traffic accident occurred. He was injured in the accident with a few bruises, and my young brother died. This was in the year 1418 AH. When some shaykhs were asked about the ruling regarding the death of my young brother with him, they answered that it is obligatory to free a slave, or fast for two months, or feed sixty poor people. As days and years passed, Allah decreed that my brother was involved in a traffic accident on 14/12/1424 AH and he died, knowing that he had not fulfilled any of the previous rulings. My question to Your Eminence, the Shaykh: What is the ruling regarding the death of my brother while he had not performed the freeing, fasting, or feeding? Does he need to have a slave freed on his behalf for the death of my young brother, or should fasting or feeding be done on his behalf? Knowing that we want to clear his conscience while he is in his grave, and may Allah reward you with good.
A: If the questioner's brother was the cause of the accident that resulted in the death of his brother, in any way of causation, then the expiation for accidental killing is obligatory upon him. It is: freeing a slave, and if he does not find one, he fasts for two consecutive months. Since he died before performing the expiation that was obligatory upon him, if he left behind an estate, the expiation by freeing a slave is obligatory from his estate. If he did not leave behind an estate, it is prescribed to fast two consecutive months on his behalf. If a volunteer from among the relatives or others volunteers to free a slave on his behalf, that is a good matter. As for feeding in the expiation for accidental killing, it is not prescribed, because there is no text from the Book or the Sunnah regarding it.
my father's car and took with him my brother who was 8 years old to fetch some household items. A few minutes after they left the house, a traffic accident occurred. He was injured in the accident with a few bruises, and my young brother died. This was in the year 1418 AH. When some shaykhs were asked about the ruling regarding the death of my young brother with him, they answered that it is obligatory to free a slave, or fast for two months, or feed sixty poor people. As days and years passed, Allah decreed that my brother was involved in a traffic accident on 14/12/1424 AH and he died, knowing that he had not fulfilled any of the previous rulings. My question to Your Eminence, the Shaykh: What is the ruling regarding the death of my brother while he had not performed the freeing, fasting, or feeding? Does he need to have a slave freed on his behalf for the death of my young brother, or should fasting or feeding be done on his behalf? Knowing that we want to clear his conscience while he is in his grave, and may Allah reward you with good.
A: If the questioner's brother was the cause of the accident that resulted in the death of his brother, in any way of causation, then the expiation for accidental killing is obligatory upon him. It is: freeing a slave, and if he does not find one, he fasts for two consecutive months. Since he died before performing the expiation that was obligatory upon him, if he left behind an estate, the expiation by freeing a slave is obligatory from his estate. If he did not leave behind an estate, it is prescribed to fast two consecutive months on his behalf. If a volunteer from among the relatives or others volunteers to free a slave on his behalf, that is a good matter. As for feeding in the expiation for accidental killing, it is not prescribed, because there is no text from the Book or the Sunnah regarding it.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.