An accident occurred due to obstacles on the road that caused the company to bear part of the blood money; is the full expiation obligatory?
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Fatwa number ( 2168 )
Q: The questioner is a car driver, and an accident occurred because the company dug in the middle of the road and did not place a warning sign, and two people died as a result of the accident, and the matter ended with a ruling that he and the company should share the blood money for the two victims equally , as for the expiation, each party was ruled to fast
four months, two months for each victim, and he asks whether he has to fast or not, and whether he must fast four months or pay a ransom for it?
A: If the matter is as you described, it is obligatory for you to carry out what was finally ruled upon you, and feeding is not sufficient for the expiation of accidental killing; rather, you must free a believing slave for each of the two victims. If you do not find one because it is not currently available, then fast for two consecutive months for each victim, so the total is four months. It is permissible to break the fast for a period between fasting the two months for one victim and fasting the two months for the other victim. Allah the Exalted said:[An-Nisa 4:92] until He said: [An-Nisa 4:92] . So the ruling of Allah the Exalted regarding the expiation of accidental killing is to free a believing slave for each soul, and He made it clear that if one does not find one to free, it is obligatory for him to fast two consecutive months for each soul he killed accidentally. And He, Glorified and Exalted is He, did not prescribe feeding or charity in this matter, so nothing other than what He prescribed is sufficient
for it. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: The questioner is a car driver, and an accident occurred because the company dug in the middle of the road and did not place a warning sign, and two people died as a result of the accident, and the matter ended with a ruling that he and the company should share the blood money for the two victims equally , as for the expiation, each party was ruled to fast
four months, two months for each victim, and he asks whether he has to fast or not, and whether he must fast four months or pay a ransom for it?
A: If the matter is as you described, it is obligatory for you to carry out what was finally ruled upon you, and feeding is not sufficient for the expiation of accidental killing; rather, you must free a believing slave for each of the two victims. If you do not find one because it is not currently available, then fast for two consecutive months for each victim, so the total is four months. It is permissible to break the fast for a period between fasting the two months for one victim and fasting the two months for the other victim. 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 حَكِيمًاfor it. And 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.