Is expiation obligatory on the one who was involved in an accident, and the one who erred was the one who died?
Machine translationRead the Arabic original
The questioner : O Professor, a man was involved in an accident, and his brother was the one who passed away, while the one who was at fault is alive.
The Shaykh : He owes nothing, because he is not a killer. The killer is the one who died; he is the one who killed himself.
The questioner : They force people to pay through trickery.
The Shaykh : That is correct. Therefore, a person should ask the questioner for details when asked about such matters, because he may think that he owes an expiation when he does not. Then they say that the passage... they impose twenty-five percent on the one who did not commit any aggression or negligence. This is by way of deterrence and to be alert for the future, even if it does not happen. We say that if he is liable for twenty-five percent for this purpose, then he does not owe an expiation. However, if he is liable for twenty-five percent due to his actual participation in the accident, then he owes the full expiation, because it cannot be divided.
The Shaykh : He owes nothing, because he is not a killer. The killer is the one who died; he is the one who killed himself.
The questioner : They force people to pay through trickery.
The Shaykh : That is correct. Therefore, a person should ask the questioner for details when asked about such matters, because he may think that he owes an expiation when he does not. Then they say that the passage... they impose twenty-five percent on the one who did not commit any aggression or negligence. This is by way of deterrence and to be alert for the future, even if it does not happen. We say that if he is liable for twenty-five percent for this purpose, then he does not owe an expiation. However, if he is liable for twenty-five percent due to his actual participation in the accident, then he owes the full expiation, because it cannot be divided.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 3497 - 4600 هل تجب الكفارة على من وقع عليه حادث وكان المخطئ هو الذي مات؟ ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
