A man obstructed him on the road, and he ran him over, and the traffic court ruled that 50% of the liability for the deceased was his
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Fatwa number ( 4729 )
Q: I was driving my car on the Bridges Road in Riyadh , and suddenly a man came out and cut off the road in front of me, and I was unable to react to avoid harming him, because he surprised me while the car was moving, so a collision occurred that resulted in the death of the aforementioned man at the time of the incident, even though the driving was normal and without speed, but the aforementioned man was in violation, and therefore the traffic department determined that 50% of the fault was his, and there is no power or might except with Allah. And since I was judged to settle for 70% of the liability, and the remaining expiation is required, I am submitting this inquiry for a ruling. Peace be upon you and Allah's mercy and blessings.
A: If the situation is as described, then the expiation for accidental killing is obligatory upon you, which is freeing a believing slave. If you do not find one, then fast two consecutive months; nothing else suffices for you; because Allah the Exalted said:[An-Nisa 4:92],
until He said:[An-Nisa 4:92]. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I was driving my car on the Bridges Road in Riyadh , and suddenly a man came out and cut off the road in front of me, and I was unable to react to avoid harming him, because he surprised me while the car was moving, so a collision occurred that resulted in the death of the aforementioned man at the time of the incident, even though the driving was normal and without speed, but the aforementioned man was in violation, and therefore the traffic department determined that 50% of the fault was his, and there is no power or might except with Allah. And since I was judged to settle for 70% of the liability, and the remaining expiation is required, I am submitting this inquiry for a ruling. Peace be upon you and Allah's mercy and blessings.
A: If the situation is as described, then the expiation for accidental killing is obligatory upon you, which is freeing a believing slave. If you do not find one, then fast two consecutive months; nothing else suffices for you; because 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 يَصَّدَّقُواuntil He said:
And 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 حَكِيمًا
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.