Blood money is referred to the court to clarify its method and who it is upon
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Fatwa number ( 14249 )
Q: My brother, by the decree of Allah, was involved in a traffic accident. He was driving the car, and the accident was head-on with an oncoming car. The traffic department’s assessment of the accident indicated that the fault was shared between the two, half on my brother and half on the driver of the oncoming car, meaning 50% of the fault on each. One of my brother’s colleagues was riding with him and died immediately. We ask your Eminence to clarify the ruling: is the blood money divided between my brother and the other car’s driver? Also, regarding the fasting, what is its duration and who is it upon? We ask your Eminence to respond quickly, as we
are awaiting your reply, and may Allah reward you with the best reward for us and for the Muslims.
A: The blood money is referred to the court to clarify its method and who it is upon. As for the expiation, it is upon both your brother and his partner, with an independent expiation for each of them. It is the freeing of a slave, and if he does not find one, then fasting for two consecutive months, sixty days. This is the expiation for their causing the death of a Muslim with them; for Allah the Exalted 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: My brother, by the decree of Allah, was involved in a traffic accident. He was driving the car, and the accident was head-on with an oncoming car. The traffic department’s assessment of the accident indicated that the fault was shared between the two, half on my brother and half on the driver of the oncoming car, meaning 50% of the fault on each. One of my brother’s colleagues was riding with him and died immediately. We ask your Eminence to clarify the ruling: is the blood money divided between my brother and the other car’s driver? Also, regarding the fasting, what is its duration and who is it upon? We ask your Eminence to respond quickly, as we
are awaiting your reply, and may Allah reward you with the best reward for us and for the Muslims.
A: The blood money is referred to the court to clarify its method and who it is upon. As for the expiation, it is upon both your brother and his partner, with an independent expiation for each of them. It is the freeing of a slave, and if he does not find one, then fasting for two consecutive months, sixty days. This is the expiation for their causing the death of a Muslim with them; for 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. But if the deceased was from a people at war with you and he was a believer - then [only] the freeing of a believing slave; and if he was from a people with whom you have a treaty - then a compensation payment presented to his family and the freeing of a believing slave. 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.
وَمَا كَانَ لِمُؤْمِنٍ أَنْ يَقْتُلَ مُؤْمِنًا إِلا خَطَأً وَمَنْ قَتَلَ مُؤْمِنًا خَطَأً فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ وَدِيَةٌ مُسَلَّمَةٌ إِلَى أَهْلِهِ إِلا أَنْ يَصَّدَّقُوا فَإِنْ كَانَ مِنْ قَوْمٍ عَدُوٍّ لَكُمْ وَهُوَ مُؤْمِنٌ فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ وَإِنْ كَانَ مِنْ قَوْمٍ بَيْنَكُمْ وَبَيْنَهُمْ مِيثَاقٌ فَدِيَةٌ مُسَلَّمَةٌ إِلَى أَهْلِهِ وَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ 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.