A car overturned and then struck by it, and three people died; it is not known whether the death preceded the impact or was caused by it, so is there an expiation upon him?
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Fatwa number ( 12554 )
Q: Allah decreed upon me an accident involving my car and another car some time ago, where I struck an overturned car containing people on a winding road, and three people died during the accident. I do not know the cause of their death; whether it was due to me or due to the overturning that happened moments before me. Then their families forgave me. I suffered severe fractures, and iron rods were inserted into my leg. It has been about nine years, and I have become unable to do any work to earn a living for my family. My health and financial circumstances are difficult, and praise be to Allah for His wisdom. O honorable scholar: this is my problem, and I wish to inquire from you regarding the expiation. If fasting is required of me, my difficult financial and health circumstances do not enable me to fast, as my five children need me to earn a living and provide for them, and my health is poor, with the rods still in my leg. Allah knows that I find nothing but the daily sustenance of my family after exhausting toil, and I have no idea about the solution. I ask you to inform me, may Allah reward you with good.
A: It is obligatory for you to perform the expiation for each of the three if you were the cause of their deaths, and likewise if you were a participant in the cause, you must also perform the expiation; because the expiation is not divisible. The expiation is freeing a believing slave. If you do not find one, then fast two consecutive months for each person. Allah the Exalted said:[An-Nisa 4:92] up to His saying: [An-Nisa 4:92] . And if you are unable to perform the expiation, it is a debt in your trust that you will pay when you become able. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Allah decreed upon me an accident involving my car and another car some time ago, where I struck an overturned car containing people on a winding road, and three people died during the accident. I do not know the cause of their death; whether it was due to me or due to the overturning that happened moments before me. Then their families forgave me. I suffered severe fractures, and iron rods were inserted into my leg. It has been about nine years, and I have become unable to do any work to earn a living for my family. My health and financial circumstances are difficult, and praise be to Allah for His wisdom. O honorable scholar: this is my problem, and I wish to inquire from you regarding the expiation. If fasting is required of me, my difficult financial and health circumstances do not enable me to fast, as my five children need me to earn a living and provide for them, and my health is poor, with the rods still in my leg. Allah knows that I find nothing but the daily sustenance of my family after exhausting toil, and I have no idea about the solution. I ask you to inform me, may Allah reward you with good.
A: It is obligatory for you to perform the expiation for each of the three if you were the cause of their deaths, and likewise if you were a participant in the cause, you must also perform the expiation; because the expiation is not divisible. The expiation is freeing a believing slave. If you do not find one, then fast two consecutive months for each person. Allah the Exalted said:
And never is it for a believer to kill a believer except by mistake. 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
وَمَا كَانَ لِمُؤْمِنٍ أَنْ يَقْتُلَ مُؤْمِنًا إِلا خَطَأً وَمَنْ قَتَلَ مُؤْمِنًا خَطَأً فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ وَدِيَةٌ مُسَلَّمَةٌ إِلَى أَهْلِهِ إِلا أَنْ يَصَّدَّقُواAnd whoever does not find [one or cannot afford to buy one] - then [instead], a fast for two months consecutively, [seeking] acceptance of repentance from Allah. And Allah is ever Knowing and Wise.
فَمَنْ لَمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ تَوْبَةً مِنَ اللَّهِ وَكَانَ اللَّهُ عَلِيمًا حَكِيمًا
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.