He died before performing the expiation, so is there anything upon the heirs?
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Fatwa number ( 20393 )
Q: I have a full brother who was 42 years old, and he passed away on 5/10/1418 AH, following a chronic illness after he was hospitalized. He was unable to fast the entire month of Ramadan in the year he died, and his condition
was poor; he was suffering from tuberculosis, and several operations were performed on him during his hospitalization. Also, my brother was involved in a car accident in 1399 AH, in which two other people died with him. The traffic department determined his share of the fault to be 20%, and the families of the deceased waived their right to the blood money (diyah). However, he was unable to perform the expiation for accidental killing before he passed away, may Allah have mercy on him . After his death, he left behind a sum of 6,000 riyals which I found in his car, his share of the social security benefits, which I received for the year of his death, amounting to 5,400 riyals, and five shares in Al-Rajhi Company, valued at 500 riyals. He also had 2,000 riyals in a monthly savings association that we joined, which we deposit in the bank. We sold his car for 42,000 riyals and paid off his debts from the sale price, with the remainder held by one of my brothers. I inform you that his mother is still alive, and he has five brothers and four sisters. All of us, men and women, have waived our inheritance shares so that it may be placed in a good and righteous deed. Knowing that he had no children and never married during his life, I hope you will issue a ruling on what has been mentioned.
A: If the situation is as described, then your brother is excused for not fasting, and there is no blame or sin on him for that; because he was unable to fast due to the illness that afflicted him until he passed away, may Allah have mercy on him. As for the accident that occurred
to him, where it was determined that he bore 20% of the fault, it is obligatory for him to perform the expiation for accidental killing for the two people who died with him, because his causation of the accident has been established to that extent. Since he died before performing this expiation, his heirs must pay from his estate what is sufficient to free a believing slave for each person who died with him. If no such slave is available or his estate is insufficient for that, it is recommended for one of his relatives to donate to free a slave or to fast on his behalf for two consecutive months (60 days) for each person who died with him. He will receive a great reward and recompense from Allah, the Exalted. This is indicated by what A'ishah (may Allah be pleased with her) narrated that the Messenger of Allah (peace and blessings be upon him) said:Sahih Muslim 1147 It was narrated by al-Bukhari and Muslim in their Sahihs. As for all the money your brother left behind, the original ruling is that it is the right of the heirs, to be divided among them as Allah and His Messenger (peace and blessings be upon him) have legislated. If all the heirs, or some of them, waive their right to the inheritance willingly, and you wish to make that money a continuous charity (sadaqah jariyah) for your deceased brother by spending it in the ways of good and righteousness, then this is a good thing for which you will be rewarded, and its benefit and reward will reach the deceased, if Allah wills. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I have a full brother who was 42 years old, and he passed away on 5/10/1418 AH, following a chronic illness after he was hospitalized. He was unable to fast the entire month of Ramadan in the year he died, and his condition
was poor; he was suffering from tuberculosis, and several operations were performed on him during his hospitalization. Also, my brother was involved in a car accident in 1399 AH, in which two other people died with him. The traffic department determined his share of the fault to be 20%, and the families of the deceased waived their right to the blood money (diyah). However, he was unable to perform the expiation for accidental killing before he passed away, may Allah have mercy on him . After his death, he left behind a sum of 6,000 riyals which I found in his car, his share of the social security benefits, which I received for the year of his death, amounting to 5,400 riyals, and five shares in Al-Rajhi Company, valued at 500 riyals. He also had 2,000 riyals in a monthly savings association that we joined, which we deposit in the bank. We sold his car for 42,000 riyals and paid off his debts from the sale price, with the remainder held by one of my brothers. I inform you that his mother is still alive, and he has five brothers and four sisters. All of us, men and women, have waived our inheritance shares so that it may be placed in a good and righteous deed. Knowing that he had no children and never married during his life, I hope you will issue a ruling on what has been mentioned.
A: If the situation is as described, then your brother is excused for not fasting, and there is no blame or sin on him for that; because he was unable to fast due to the illness that afflicted him until he passed away, may Allah have mercy on him. As for the accident that occurred
to him, where it was determined that he bore 20% of the fault, it is obligatory for him to perform the expiation for accidental killing for the two people who died with him, because his causation of the accident has been established to that extent. Since he died before performing this expiation, his heirs must pay from his estate what is sufficient to free a believing slave for each person who died with him. If no such slave is available or his estate is insufficient for that, it is recommended for one of his relatives to donate to free a slave or to fast on his behalf for two consecutive months (60 days) for each person who died with him. He will receive a great reward and recompense from Allah, the Exalted. This is indicated by what A'ishah (may Allah be pleased with her) narrated that the Messenger of Allah (peace and blessings be upon him) said:
'A'isha (Allah be pleased with her) reported Allah's Messenger (ﷺ) as saying: If anyone dies in a state (that he had to complete) some fasts, his heir must fast on his behalf.
من مات وعليه صيام صام عنه وليه
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.