He parked his car on the road to help the owner of another car, so a person came and slept under the car without his knowledge, and he ran him over
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Fatwa No. ( 2504 )
Praise be to Allah, and may blessings and peace be upon His Messenger, his family, and his Companions. And to proceed: The Permanent Committee for Scholarly Research and Ifta has reviewed
the question submitted by the honorable judge of the Salil Court to His Eminence the General President, and referred to the Committee by the General Secretariat with number (1198 \ 2) and date 9 \ 6 \ 99 AH, the text of which is: One of the citizens asked us, saying: I am a car driver, and it happened that I was transporting camels from Jizan to Riyadh . I stopped on the side of the road to help a companion of mine in another car that had stopped in the middle of the sand. While the car was stopped and I was going to help my companion, the owner of the camels got down and slept under the car without my knowledge. When I finished helping my companion, I returned to my car, got in, and moved it after starting the engine to drive. I was surprised to find the man sleeping under the car, which caused the car to run him over, and consequently he died. He asks whether he is required to fast for expiation or not, stating that it would burden him because he is a permanent traveler for his livelihood. Give us a ruling, may Allah reward you.
And it answered as follows: If the situation is as you described, then the one who drove the car and killed the person sleeping under it owes blood money and the expiation for accidental killing; due to his negligence in checking around and under his car before moving it to drive. The expiation for accidental killing is freeing a believing slave, and if he does not find one, he fasts for two consecutive months; for Allah the Exalted said:[An-Nisa 4:92]
until He said:[An-Nisa 4:92] , and feeding does not suffice for this, because Allah did not mention it in this expiation, and your Lord is not forgetful. It is not to be analogized to the expiation for zihar or to the expiation for a fasting man who intentionally has intercourse during the day of Ramadan; because analogy does not apply to expiations or other fixed amounts according to the correct opinion of the scholars. And success is from Allah, and may Allah send blessings and peace upon our Prophet Muhammad, his family, and his Companions.
Praise be to Allah, and may blessings and peace be upon His Messenger, his family, and his Companions. And to proceed: The Permanent Committee for Scholarly Research and Ifta has reviewed
the question submitted by the honorable judge of the Salil Court to His Eminence the General President, and referred to the Committee by the General Secretariat with number (1198 \ 2) and date 9 \ 6 \ 99 AH, the text of which is: One of the citizens asked us, saying: I am a car driver, and it happened that I was transporting camels from Jizan to Riyadh . I stopped on the side of the road to help a companion of mine in another car that had stopped in the middle of the sand. While the car was stopped and I was going to help my companion, the owner of the camels got down and slept under the car without my knowledge. When I finished helping my companion, I returned to my car, got in, and moved it after starting the engine to drive. I was surprised to find the man sleeping under the car, which caused the car to run him over, and consequently he died. He asks whether he is required to fast for expiation or not, stating that it would burden him because he is a permanent traveler for his livelihood. Give us a ruling, may Allah reward you.
And it answered as follows: If the situation is as you described, then the one who drove the car and killed the person sleeping under it owes blood money and the expiation for accidental killing; due to his negligence in checking around and under his car before moving it to drive. The expiation for accidental killing is freeing a believing slave, and if he does not find one, he fasts 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 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.