A bus driver was involved in an accident while driving the bus with another car, and 75% of the fault was determined to be his, and one of the students died.
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Fatwa number ( 19249 )
Q: I inform your Eminence that I am a driver of a medium-sized bus belonging to the charitable committee in 'Aqiq , and I was involved in an accident while driving the bus with another car, and the accident took place in the city of 'Aqiq in the month of Rajab of the year
1416 AH, and 75% of the fault was determined to be mine, and one of the students died with me in the bus, and praise be to Allah in all circumstances, and the family of the student has waived their right against me, and I asked one of the judges and he said to me: You must fast two consecutive months, or free a slave, if it is correct that I must fast two consecutive months, then I am unable to make up the fast, because I am an old man, and my age is 75 years, and I am ill due to the severity of the accident which affected my head, and I also inform you that my circumstances are harsh, and I am not able to pay money or free a slave, and a second question: Do I have to pay an expiation or not? And is it permissible for me to fast the two months non-consecutively? And this is what I am able to do, if they must be consecutive then I am not able to do so. Please inform us, may Allah reward you with good and guide you to what He loves and is pleased with, and may Allah preserve you.
A: If the situation is as described, then it is obligatory for you to pay the expiation, which is freeing a believing slave. If you are unable to do so, then you must fast for two consecutive months; based on the saying of Allah the Exalted:[An-Nisa 4:92], up to His saying: [An-Nisa 4:92], and it is not permissible for you to fast the two months in a non-consecutive manner, but rather you must fast them consecutively for sixty days, as it is necessary to
consecutiveness in the fasting, if you are not able to fast currently, then it remains in your liability until you are able to do so. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his companions.
Q: I inform your Eminence that I am a driver of a medium-sized bus belonging to the charitable committee in 'Aqiq , and I was involved in an accident while driving the bus with another car, and the accident took place in the city of 'Aqiq in the month of Rajab of the year
1416 AH, and 75% of the fault was determined to be mine, and one of the students died with me in the bus, and praise be to Allah in all circumstances, and the family of the student has waived their right against me, and I asked one of the judges and he said to me: You must fast two consecutive months, or free a slave, if it is correct that I must fast two consecutive months, then I am unable to make up the fast, because I am an old man, and my age is 75 years, and I am ill due to the severity of the accident which affected my head, and I also inform you that my circumstances are harsh, and I am not able to pay money or free a slave, and a second question: Do I have to pay an expiation or not? And is it permissible for me to fast the two months non-consecutively? And this is what I am able to do, if they must be consecutive then I am not able to do so. Please inform us, may Allah reward you with good and guide you to what He loves and is pleased with, and may Allah preserve you.
A: If the situation is as described, then it is obligatory for you to pay the expiation, which is freeing a believing slave. If you are unable to do so, then you must fast for two consecutive months; based on the saying of Allah the Exalted:
And whoever kills a believer by mistake - then the freeing of a believing slave
وَمَنْ قَتَلَ مُؤْمِنًا خَطَأً فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍAnd 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
فَمَنْ لَمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ تَوْبَةً مِنَ اللَّهِconsecutiveness in the fasting, if you are not able to fast currently, then it remains in your liability until you are able to do so. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.