The Expiation for Unintentional Killing by an Incapable Woman
Machine translationRead the Arabic original
The questioner:
I have a vineyard, may you live long, for the sake of Bashir. There was a dispute between them, and she took him, and Bashir passed away, may Allah have mercy on him. She is now an old, blind woman, with no ability to fast, and no ability to provide clothing. We performed Hajj this year, and Haniyyah lost her sight, and the people lost their way, and the Shaykh’s stumble in this matter was left to Allah, then to the Messenger.
The Shaykh:
If she knows that he died because of her actions, she must free a believing slave. If she is unable to do so, she must fast for sixty days. If she knows that he died because of her actions, and that she lay on top of him, or covered him with something heavy, she must pay the expiation. But if she does not know, she owes nothing. However, if she does not know the cause of his death, she owes nothing. He said: Bashir slept on her hand, and she woke up to find a mark on his face. As long as she did not do anything, she is safe. May Allah keep you safe, Ahmad. She owes nothing, and praise be to Allah, until she knows that it was because of her actions. If she knows, she must pay the expiation; if she does not know, she owes nothing. What is the matter? Welcome, I hope you are well. If she knows it was because of her actions, she must pay the expiation; if she does not know, she does not have to pay the expiation. Press on the sleep. Since she lay on him until he died. Yes, by the permission of Allah, it was all her handkerchief, and we covered them. Glory be to Allah, she does not understand the words. Teach me so that I may know. If she lay on him and knows that she lay on him and he died because of her actions. Thank you. By our words, not your words, teach her by our words that if she knows he died because of her actions, and that she lay on him until he died, she must pay the expiation. Either she frees a slave, or she fasts for sixty days. If she does not have the means, Allah knows best, she owes nothing. If she cannot afford it, meaning she cannot free a slave, there are slaves sold in Africa for ten thousand, nine thousand, as if she could afford it. If she does it, that is good. If she does it in the general season here. If she can pay the money on your behalf, she must free them. Shaykh, regarding the Jamarat, they have now removed the wall that was there, and the sharp Jamarat is now surrounded by a half-circle. Those who stone from the sharp side will go out, and they do not know if it falls in the basin or not. They must observe that it falls in the target or not. Nothing else. All the Jamarat, this prescribed Jamarat that was found, nothing changes, a half-circle, yes. Yes. I am well. If Allah spares her, praise be to Allah, and if she is not excused, if she is able, she owes nothing. Fear Allah as much as you are able. Praise be to Allah.
I have a vineyard, may you live long, for the sake of Bashir. There was a dispute between them, and she took him, and Bashir passed away, may Allah have mercy on him. She is now an old, blind woman, with no ability to fast, and no ability to provide clothing. We performed Hajj this year, and Haniyyah lost her sight, and the people lost their way, and the Shaykh’s stumble in this matter was left to Allah, then to the Messenger.
The Shaykh:
If she knows that he died because of her actions, she must free a believing slave. If she is unable to do so, she must fast for sixty days. If she knows that he died because of her actions, and that she lay on top of him, or covered him with something heavy, she must pay the expiation. But if she does not know, she owes nothing. However, if she does not know the cause of his death, she owes nothing. He said: Bashir slept on her hand, and she woke up to find a mark on his face. As long as she did not do anything, she is safe. May Allah keep you safe, Ahmad. She owes nothing, and praise be to Allah, until she knows that it was because of her actions. If she knows, she must pay the expiation; if she does not know, she owes nothing. What is the matter? Welcome, I hope you are well. If she knows it was because of her actions, she must pay the expiation; if she does not know, she does not have to pay the expiation. Press on the sleep. Since she lay on him until he died. Yes, by the permission of Allah, it was all her handkerchief, and we covered them. Glory be to Allah, she does not understand the words. Teach me so that I may know. If she lay on him and knows that she lay on him and he died because of her actions. Thank you. By our words, not your words, teach her by our words that if she knows he died because of her actions, and that she lay on him until he died, she must pay the expiation. Either she frees a slave, or she fasts for sixty days. If she does not have the means, Allah knows best, she owes nothing. If she cannot afford it, meaning she cannot free a slave, there are slaves sold in Africa for ten thousand, nine thousand, as if she could afford it. If she does it, that is good. If she does it in the general season here. If she can pay the money on your behalf, she must free them. Shaykh, regarding the Jamarat, they have now removed the wall that was there, and the sharp Jamarat is now surrounded by a half-circle. Those who stone from the sharp side will go out, and they do not know if it falls in the basin or not. They must observe that it falls in the target or not. Nothing else. All the Jamarat, this prescribed Jamarat that was found, nothing changes, a half-circle, yes. Yes. I am well. If Allah spares her, praise be to Allah, and if she is not excused, if she is able, she owes nothing. Fear Allah as much as you are able. Praise be to Allah.
Source
فتاوى الحج 1410 هـ - 4 — archive.org (43:36)
The Arabic text is a machine transcription of the audio recording.
