Inability to fast in the expiation for accidental killing
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Fatwa number ( 6835 )
Q: Please explain to your Eminence about a run-over incident that happened to me about a year ago, in the village of al-Rafi'ah, which is part of al-Dawadimi, on the main road
inside the village. At the time, I was with some patients and was on my way to the clinic to treat them. A small boy came out in front of me while I was in the lane of the road, and by Allah's will, I ran him over. I took him with the patients who were with me and rushed him to the clinic. He stayed there for about eight days, after which the clinic transferred him to the hospital in al-Dawadimi. From the time of the accident until I took him to the hospital in my own car, and then, about eight days after the date of the accident, by the will of Allah the Exalted and Sublime, the boy passed away. I paid the prescribed blood money to his family, which was a sum of forty-four thousand riyals only, and that was just two days before the new regulation increasing the blood money was issued. This is the story of the accident, may Allah prolong your life, if I have lengthened the explanation. As for me, praise be to Allah, Lord of the worlds, the only thing on my mind is the issue of fasting, because I am unable to do it. I am a person suffering from mental illnesses, and I have seizures that cause me to lose consciousness for about half an hour at times. Also, my left leg was amputated due to the tyrannical gang that attacked the Haram. I was one of the soldiers participating in purifying the Haram from those tyrants. I suffered from many other things as well. I am now retired, and my leg is amputated from the middle of the thigh, and I have a prosthetic leg,
so I am unable to drive most of the time. I am, O honorable Shaykh, a Muslim man, about 40 years old, and I do not want to take upon myself anything that Allah the Exalted has forbidden. I am able to compensate for it, except for fasting, if there is a means for me, do not withhold it, may Allah prolong your life. This is my entire issue, which I have explained to your Eminence. I ask for your help as much as possible in permitting me an excuse, if it is permissible by the Shari'ah, given the circumstances I have presented to your Eminence.
A: If the situation is as you described, it is obligatory for you to pay the expiation for accidental killing, which is freeing a believing slave. If you cannot find one, you must fast for two consecutive months; nothing else, such as feeding or clothing or otherwise, suffices for you. This is based on the saying of Allah the Exalted:[An-Nisa 4:92] , up to His saying: [An-Nisa 4:92] . Thus, Allah the Exalted has not prescribed in the expiation for accidental killing anything other than freeing a slave or fasting for two consecutive months, in that order. And your Lord is not forgetful. And whoever is unable to do so, and the inability persists, and Allah knows his sincerity in that, Allah forgives him.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Please explain to your Eminence about a run-over incident that happened to me about a year ago, in the village of al-Rafi'ah, which is part of al-Dawadimi, on the main road
inside the village. At the time, I was with some patients and was on my way to the clinic to treat them. A small boy came out in front of me while I was in the lane of the road, and by Allah's will, I ran him over. I took him with the patients who were with me and rushed him to the clinic. He stayed there for about eight days, after which the clinic transferred him to the hospital in al-Dawadimi. From the time of the accident until I took him to the hospital in my own car, and then, about eight days after the date of the accident, by the will of Allah the Exalted and Sublime, the boy passed away. I paid the prescribed blood money to his family, which was a sum of forty-four thousand riyals only, and that was just two days before the new regulation increasing the blood money was issued. This is the story of the accident, may Allah prolong your life, if I have lengthened the explanation. As for me, praise be to Allah, Lord of the worlds, the only thing on my mind is the issue of fasting, because I am unable to do it. I am a person suffering from mental illnesses, and I have seizures that cause me to lose consciousness for about half an hour at times. Also, my left leg was amputated due to the tyrannical gang that attacked the Haram. I was one of the soldiers participating in purifying the Haram from those tyrants. I suffered from many other things as well. I am now retired, and my leg is amputated from the middle of the thigh, and I have a prosthetic leg,
so I am unable to drive most of the time. I am, O honorable Shaykh, a Muslim man, about 40 years old, and I do not want to take upon myself anything that Allah the Exalted has forbidden. I am able to compensate for it, except for fasting, if there is a means for me, do not withhold it, may Allah prolong your life. This is my entire issue, which I have explained to your Eminence. I ask for your help as much as possible in permitting me an excuse, if it is permissible by the Shari'ah, given the circumstances I have presented to your Eminence.
A: If the situation is as you described, it is obligatory for you to pay the expiation for accidental killing, which is freeing a believing slave. If you cannot find one, you must fast for two consecutive months; nothing else, such as feeding or clothing or otherwise, suffices for you. This is based on the saying of Allah the Exalted:
And whoever kills a believer by mistake - then the freeing of a believing slave
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.