An accident occurred resulting in fatalities, and the traffic department assessed that he bears 35% of the fault; what is required of him?
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The first question of Fatwa No. ( 4760 )
Q1: I was involved in a car collision in which two people died. The traffic report stated that my share of the fault was 35%,
and 65% was on the owner of the other car. The family of one of the deceased waived their claim against us, so we were liable for the blood money of the other, which was paid. The judge ruled that I must fast two consecutive months as expiation for this. I consulted one of the scholars, and he informed me that I am required to fast four months. I ask you to inform me of what is actually required of me, whether the fasting required of me must be consecutive or not, and whether the percentage of fault has any bearing on the fasting or not?
A1: If the situation is as you described, regarding your participation in causing the deaths of the two individuals, then you are required to pay the expiation for accidental killing for each of them. This is the freeing of a believing slave. If you cannot find one, then you must fast two consecutive months, and nothing else suffices for you; for Allah the Exalted said:[An-Nisa 4:92] up to His saying: [An-Nisa 4:92] . The number of participants in causing the death has no effect on the obligation of the full expiation on each participant. There is no harm in taking a break after fasting two consecutive months for the expiation of one, and then beginning to fast two consecutive months for the expiation of the other.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q1: I was involved in a car collision in which two people died. The traffic report stated that my share of the fault was 35%,
and 65% was on the owner of the other car. The family of one of the deceased waived their claim against us, so we were liable for the blood money of the other, which was paid. The judge ruled that I must fast two consecutive months as expiation for this. I consulted one of the scholars, and he informed me that I am required to fast four months. I ask you to inform me of what is actually required of me, whether the fasting required of me must be consecutive or not, and whether the percentage of fault has any bearing on the fasting or not?
A1: If the situation is as you described, regarding your participation in causing the deaths of the two individuals, then you are required to pay the expiation for accidental killing for each of them. This is the freeing of a believing slave. If you cannot find one, then you must fast two consecutive months, and nothing else suffices for you; for 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
وَمَا كَانَ لِمُؤْمِنٍ أَنْ يَقْتُلَ مُؤْمِنًا إِلا خَطَأً وَمَنْ قَتَلَ مُؤْمِنًا خَطَأً فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍAnd 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 حَكِيمًاAnd success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.