A man advanced in age who owes the expiation for accidental killing and whose condition cannot bear fasting for two consecutive months
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Fatwa number ( 2360 )
Q1: Allah decreed that I be involved in a car accident. I was driving, and a man stepped into the road in front of me. Allah decreed that he died because he crossed in front of the car on the asphalt road. Allah has ruled against me, and I am confused about the expiation for the accident. I am a man advanced in age, about eighty years old, and suffering from asthma. My condition cannot bear fasting for two consecutive months. Can charity or feeding the poor substitute for it? Please inform us, may Allah increase the like of you.
A: If the situation is as you described, that you killed a man with the car by accident, then you must pay the blood money (diyah) and deliver it to the heirs of the deceased, unless they waive it.
You must also perform the expiation, which is freeing a believing slave. If you cannot find one, then you must fast for two consecutive months; for Allah the Exalted said:[An-Nisa 4:92], until He said: [An-Nisa 4:92]. If you are unable to fast and this inability continues until your death, then the fasting is dropped from you; for Allah the Exalted said: [Al-Baqarah 2:286], and He said: [Al-Hajj 22:78]. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q1: Allah decreed that I be involved in a car accident. I was driving, and a man stepped into the road in front of me. Allah decreed that he died because he crossed in front of the car on the asphalt road. Allah has ruled against me, and I am confused about the expiation for the accident. I am a man advanced in age, about eighty years old, and suffering from asthma. My condition cannot bear fasting for two consecutive months. Can charity or feeding the poor substitute for it? Please inform us, may Allah increase the like of you.
A: If the situation is as you described, that you killed a man with the car by accident, then you must pay the blood money (diyah) and deliver it to the heirs of the deceased, unless they waive it.
You must also perform the expiation, which is freeing a believing slave. If you cannot find one, then you must fast for two consecutive months; for Allah the Exalted said:
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
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 حَكِيمًاAllah does not charge a soul except [with that within] its capacity
لاَ يُكَلِّفُ اللَّهُ نَفْسًا إِلا وُسْعَهَاand has not placed upon you in the religion any difficulty
وَمَا جَعَلَ عَلَيْكُمْ فِي الدِّينِ مِنْ حَرَجٍ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.