Shooting with a gun, missing, and killing a person without expiation
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Fatwa No. ( 1190 )
Q: A man in the year 1370 AH shot with a gun, missed, and hit a person, killing him, and he did not perform expiation . He now cannot find a slave to free and is unable to fast due to a stomach ulcer, and he asks what is required of him?
A: One who kills a protected soul by mistake owes an expiation: freeing a believing slave. If he cannot find one, he must fast for two consecutive months; based on the saying of Allah the Exalted:[An-Nisa 4:92] until He said: [An-Nisa 4:92] the verse. And since the questioner mentioned that
the killer cannot find a slave to free and that he is unable to fast due to a stomach ulcer, the expiation remains a debt in his conscience. If he is able to fulfill it in the future, he is obligated to perform it. If the inability to find a slave to free and the inability to fast continue until he dies, he is considered unable to perform it, and Allah does not burden a soul beyond its capacity. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: A man in the year 1370 AH shot with a gun, missed, and hit a person, killing him, and he did not perform expiation . He now cannot find a slave to free and is unable to fast due to a stomach ulcer, and he asks what is required of him?
A: One who kills a protected soul by mistake owes an expiation: freeing a believing slave. If he cannot find one, he must fast for two consecutive months; based on the saying of Allah the Exalted:
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
فَمَنْ لَمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ تَوْبَةً مِنَ اللَّهِthe killer cannot find a slave to free and that he is unable to fast due to a stomach ulcer, the expiation remains a debt in his conscience. If he is able to fulfill it in the future, he is obligated to perform it. If the inability to find a slave to free and the inability to fast continue until he dies, he is considered unable to perform it, and Allah does not burden a soul beyond its capacity. 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.