The father caused his brother to fall from the top of the house, resulting in his death; what is upon the father?
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Fatwa number ( 3728 )
Q: I inform your eminence that my father, named (A. H. S. A), caused the death of one of his sons a long time ago. The cause of my brother's death was as follows: The father was standing on the roof of the house carrying a dry wooden pole on his shoulder. The pole had branches, and he wanted to drop the pole into the courtyard.
Before he threw it, no one was around him except that my brother came running to watch the pole fall to the ground. While my father was throwing the pole, my brother reached for one of its branches, and it knocked him from the second-floor roof to the ground of the courtyard. He died immediately as a result. This happened in the southern region. Since my father also passed away after my brother's death by a period of no less than fourteen years, and he did not believe that any sin was upon him because he did not intend to kill his son and did not know that he was present at all while throwing the pole. Since I am eager to alleviate the sin upon my father if anything befall him as a result of that, and because I am confused about what to do, I submit this matter to your eminence, hoping for a legal ruling in this matter and guidance to the action you deem appropriate to alleviate my father's burden if anything befalls him in this matter.
A: If the reality regarding your father is as you described, then upon him is the expiation for accidental killing, which is: freeing a believing slave. If none is found, then fasting two consecutive months; based on the saying of Allah, the Exalted:[An-Nisa 4:92] , up to His saying, the Exalted: [An-Nisa 4:92] ,
And since he passed away and did not fulfill what was obligatory upon him, it is obligatory for his guardian to purchase a believing slave from his estate and free it on his behalf. If there is nothing in the estate sufficient for that, or if no slave is found, it is recommended for his guardian to fast two consecutive months on his behalf; based on the saying of the Prophet (peace and blessings be upon him):Sahih Muslim 1147 agreed upon for its authenticity. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I inform your eminence that my father, named (A. H. S. A), caused the death of one of his sons a long time ago. The cause of my brother's death was as follows: The father was standing on the roof of the house carrying a dry wooden pole on his shoulder. The pole had branches, and he wanted to drop the pole into the courtyard.
Before he threw it, no one was around him except that my brother came running to watch the pole fall to the ground. While my father was throwing the pole, my brother reached for one of its branches, and it knocked him from the second-floor roof to the ground of the courtyard. He died immediately as a result. This happened in the southern region. Since my father also passed away after my brother's death by a period of no less than fourteen years, and he did not believe that any sin was upon him because he did not intend to kill his son and did not know that he was present at all while throwing the pole. Since I am eager to alleviate the sin upon my father if anything befall him as a result of that, and because I am confused about what to do, I submit this matter to your eminence, hoping for a legal ruling in this matter and guidance to the action you deem appropriate to alleviate my father's burden if anything befalls him in this matter.
A: If the reality regarding your father is as you described, then upon him is the expiation for accidental killing, which is: freeing a believing slave. If none is found, then fasting two consecutive months; based on the saying of Allah, the Exalted:
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 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 since he passed away and did not fulfill what was obligatory upon him, it is obligatory for his guardian to purchase a believing slave from his estate and free it on his behalf. If there is nothing in the estate sufficient for that, or if no slave is found, it is recommended for his guardian to fast two consecutive months on his behalf; based on the saying of the Prophet (peace and blessings be upon him):
'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.