A car accident in which a person died, and the error was his
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Fatwa number ( 14182 )
Q: The captain doctor (G. J.) of the Armed Forces Hospital in al-Hada submitted to us a question attached to a letter, in which the aforementioned states in his question: that he was involved in a traffic accident resulting from a collision with another car, in which his son, who was approximately five months old, died , as he was with his father in the car. It was clarified in the traffic report that the right of way belonged to the other driver; the questioner says: I was exiting from a side street onto the main street where that other car was passing, and he says: I was not aware of the presence of that car in the main street, which was passing at excessive speed, according to the traffic report, so the divine decree and destiny of Allah occurred. His question to your eminence: Does he have to pay an expiation for the death of his son in this accident? We hope for your answer to this questioner, may Allah guide you, and may Allah preserve you. .
A: The aforementioned person must pay the expiation, which is: freeing a believing slave. If he does not find one, then fasting two consecutive months; because of the saying of Allah the Exalted:[An-Nisa 4:92] , up to His saying: [An-Nisa 4:92] ,
And he must search and look for a believing slave to free, as much as possible. If he does not find one, then fasting two consecutive months. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: The captain doctor (G. J.) of the Armed Forces Hospital in al-Hada submitted to us a question attached to a letter, in which the aforementioned states in his question: that he was involved in a traffic accident resulting from a collision with another car, in which his son, who was approximately five months old, died , as he was with his father in the car. It was clarified in the traffic report that the right of way belonged to the other driver; the questioner says: I was exiting from a side street onto the main street where that other car was passing, and he says: I was not aware of the presence of that car in the main street, which was passing at excessive speed, according to the traffic report, so the divine decree and destiny of Allah occurred. His question to your eminence: Does he have to pay an expiation for the death of his son in this accident? We hope for your answer to this questioner, may Allah guide you, and may Allah preserve you. .
A: The aforementioned person must pay the expiation, which is: freeing a believing slave. If he does not find one, then fasting two consecutive months; because of 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. And Allah is ever Knowing and Wise.
فَمَنْ لَمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ تَوْبَةً مِنَ اللَّهِ وَكَانَ اللَّهُ عَلِيمًا حَكِيمًاAnd he must search and look for a believing slave to free, as much as possible. If he does not find one, then fasting two consecutive months. 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.