The Expiation for Unintentional Killing in Car Accidents
Machine translationRead the Arabic original
The questioner:
A case was sent to us by our brother, First Lieutenant Abdullah Ali Haddadi, from the police in al-Baha. Our brother’s letter is actually lengthy and contains more than one question, all of which relate to car accidents and the expiation for those injured. Our brother says: I was involved in a collision, and the driver of the car I hit and a person with him died. My question is as follows: What is the ruling regarding the expiation? Do I have to fast for four consecutive months, or is there a break between them? Is it permissible for me to give charity to the poor if fasting is difficult for me, especially since I am employed in a job that involves travel and hardship that necessitates breaking the fast, and especially since I am a police officer and most of the time I perform duties that force me to break the fast? You know that the expiation must be consecutive, and whoever breaks the fast must start counting from the beginning. Most of the time, I suffer from kidney colic, and I am required to drink fluids in large quantities. Is there an expiation other than fasting, and what is its amount for the two persons? And if there were more, what is the ruling? I hope your answer includes the opinions of all scholars, with clarification of the stronger opinion, and that it be written to his address at the al-Baha police station. What is the ruling if the mistake was made by the deceased, or if the mistake was shared in the accident? Thank you.
The Shaykh:
There is no doubt that the expiation for unintentional killing is required, whether by collision, running over, or the like. The expiation, by the text of the Noble Book, is freeing a believing slave. If that is not possible, it becomes two consecutive months of fasting. This expiation does not include feeding people; it is only freeing a slave. If freeing a slave is not possible, it becomes two consecutive months of fasting. If the running over or collision involves two or three persons, then each two-month period is separate. It is not required to make all of them consecutive; rather, each two-month period must be consecutive. There is no harm in resting between the two-month periods. There is no blame in that. It is not expiated for two persons at once, but rather two months are fasted for one person. Then, after resting, he begins another two months for the second person, and so on.
It is not permissible to suffice with feeding people in place of that, even though some scholars have said so, but that is a weak opinion. This is because Allah, Glorified and Exalted is He, mentioned freeing a slave and fasting, and did not mention feeding people. Nor did it come from the Prophet (peace and blessings be upon him) that he indicated that feeding people is sufficient. Therefore, it is obligatory for one who kills a soul without right, unintentionally, to free a slave. If he is unable, he fasts for two consecutive months. However, there is no objection to delaying the fasting until a time when he is able to fast. If something rare occurs, whether it is a rare event or an illness that prevents fasting, the day on which he breaks the fast due to the illness of a healthy person does not break the consecutiveness, just as with a menstruating woman. The delay due to menstruation does not affect the consecutiveness for her. So he chooses with an excuse, as the Prophet (peace and blessings be upon him) saw that he could not fast, or that fasting was difficult for his age, and this is an excuse. When he feels well, he does not know about fasting until the fasting becomes consecutive, and the day before it, and he does not remain breaking the fast while the illness persists. So the obligatory thing is to seek a way out, and to hasten until the fasting is reached, just as the menstruating woman, when she becomes pure, continues the fasting until she changes the rituals.
The presenter:
And another case is asked about by one of the brothers from the West, and the brother says: The question that is written to him.
The Shaykh:
So there is no objection that we write, if Allah wills, an addition, for this is a concern for everyone. And we request of him, if Allah wills.
A case was sent to us by our brother, First Lieutenant Abdullah Ali Haddadi, from the police in al-Baha. Our brother’s letter is actually lengthy and contains more than one question, all of which relate to car accidents and the expiation for those injured. Our brother says: I was involved in a collision, and the driver of the car I hit and a person with him died. My question is as follows: What is the ruling regarding the expiation? Do I have to fast for four consecutive months, or is there a break between them? Is it permissible for me to give charity to the poor if fasting is difficult for me, especially since I am employed in a job that involves travel and hardship that necessitates breaking the fast, and especially since I am a police officer and most of the time I perform duties that force me to break the fast? You know that the expiation must be consecutive, and whoever breaks the fast must start counting from the beginning. Most of the time, I suffer from kidney colic, and I am required to drink fluids in large quantities. Is there an expiation other than fasting, and what is its amount for the two persons? And if there were more, what is the ruling? I hope your answer includes the opinions of all scholars, with clarification of the stronger opinion, and that it be written to his address at the al-Baha police station. What is the ruling if the mistake was made by the deceased, or if the mistake was shared in the accident? Thank you.
The Shaykh:
There is no doubt that the expiation for unintentional killing is required, whether by collision, running over, or the like. The expiation, by the text of the Noble Book, is freeing a believing slave. If that is not possible, it becomes two consecutive months of fasting. This expiation does not include feeding people; it is only freeing a slave. If freeing a slave is not possible, it becomes two consecutive months of fasting. If the running over or collision involves two or three persons, then each two-month period is separate. It is not required to make all of them consecutive; rather, each two-month period must be consecutive. There is no harm in resting between the two-month periods. There is no blame in that. It is not expiated for two persons at once, but rather two months are fasted for one person. Then, after resting, he begins another two months for the second person, and so on.
It is not permissible to suffice with feeding people in place of that, even though some scholars have said so, but that is a weak opinion. This is because Allah, Glorified and Exalted is He, mentioned freeing a slave and fasting, and did not mention feeding people. Nor did it come from the Prophet (peace and blessings be upon him) that he indicated that feeding people is sufficient. Therefore, it is obligatory for one who kills a soul without right, unintentionally, to free a slave. If he is unable, he fasts for two consecutive months. However, there is no objection to delaying the fasting until a time when he is able to fast. If something rare occurs, whether it is a rare event or an illness that prevents fasting, the day on which he breaks the fast due to the illness of a healthy person does not break the consecutiveness, just as with a menstruating woman. The delay due to menstruation does not affect the consecutiveness for her. So he chooses with an excuse, as the Prophet (peace and blessings be upon him) saw that he could not fast, or that fasting was difficult for his age, and this is an excuse. When he feels well, he does not know about fasting until the fasting becomes consecutive, and the day before it, and he does not remain breaking the fast while the illness persists. So the obligatory thing is to seek a way out, and to hasten until the fasting is reached, just as the menstruating woman, when she becomes pure, continues the fasting until she changes the rituals.
The presenter:
And another case is asked about by one of the brothers from the West, and the brother says: The question that is written to him.
The Shaykh:
So there is no objection that we write, if Allah wills, an addition, for this is a concern for everyone. And we request of him, if Allah wills.
Source
ندوات الجامع الكبير مع الأسئلة - ٦٧ — archive.org (21:44)
The Arabic text is a machine transcription of the audio recording.