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 the 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 I find fasting difficult, 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 will include the opinions of all scholars with clarification of the stronger opinion, and that it be written to his address at the al-Baha police. And what is the ruling if the mistake was on the part of the deceased, or if the mistake was shared in the accident? Thank you.
The Shaykh:
There is no doubt that unintentional killing is a grave matter, and its expiation, whether by stabbing or trampling, or in the sacred precinct, is specified in the Noble Qur'an as the freeing of a believing slave. If he does not find one, it becomes two consecutive months of fasting. This is the expiation, and there is no feeding in it. It is only the freeing of a slave if the freeing is facilitated. If it is not facilitated, it becomes two consecutive months of fasting. If the trampling or collision involves two or three persons, then each two months is separate; it is not required to make all of them consecutive. Rather, each two months must be consecutive. There is no harm in resting between the two months and the next two months. There is no blame in that. One does not continue all of Allah’s command consecutively, but rather he fasts two months for one person, then after resting, he begins two other months for the second person, and so on.
It is not permissible to suffice with feeding in place of that, even though some scholars have said so, but that is a weak opinion. This is because the Messenger of Allah (peace and blessings be upon him) mentioned that Allah the Exalted mentioned the freeing of a slave and fasting, and did not mention feeding. And it did not come from the Prophet (peace and blessings be upon him) that he indicated that feeding 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 months, and the text specifies this. However, there is no objection to delaying the fasting until a time when he is able to fast. If something befalls him, such as an illness that prevents fasting, then the day he breaks the fast due to the illness of a healthy person does not break his consecutive fasting, like the menstruating woman. It differs from Hajj, and the consecutiveness is not broken by it. So he is excused. If a man is afflicted with something that prevents him from fasting, and it is difficult for him to fast, this is an excuse. When he feels well, he does not know about fasting until he makes up the fasting and the days before it, and he does not remain breaking the fast and the illness. The obligatory thing is to hasten with the excuse and the illness until he reaches the fasting, just as the menstruating woman, when she becomes pure, continues the fasting until the two months are completed.
The presenter:
Another case is asked about by one of the Western brothers, and a question is written to him.
The Shaykh:
This is what the writer dictates, so we will write to him, if Allah wills, in addition. And we will write, 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 the 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 I find fasting difficult, 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 will include the opinions of all scholars with clarification of the stronger opinion, and that it be written to his address at the al-Baha police. And what is the ruling if the mistake was on the part of the deceased, or if the mistake was shared in the accident? Thank you.
The Shaykh:
There is no doubt that unintentional killing is a grave matter, and its expiation, whether by stabbing or trampling, or in the sacred precinct, is specified in the Noble Qur'an as the freeing of a believing slave. If he does not find one, it becomes two consecutive months of fasting. This is the expiation, and there is no feeding in it. It is only the freeing of a slave if the freeing is facilitated. If it is not facilitated, it becomes two consecutive months of fasting. If the trampling or collision involves two or three persons, then each two months is separate; it is not required to make all of them consecutive. Rather, each two months must be consecutive. There is no harm in resting between the two months and the next two months. There is no blame in that. One does not continue all of Allah’s command consecutively, but rather he fasts two months for one person, then after resting, he begins two other months for the second person, and so on.
It is not permissible to suffice with feeding in place of that, even though some scholars have said so, but that is a weak opinion. This is because the Messenger of Allah (peace and blessings be upon him) mentioned that Allah the Exalted mentioned the freeing of a slave and fasting, and did not mention feeding. And it did not come from the Prophet (peace and blessings be upon him) that he indicated that feeding 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 months, and the text specifies this. However, there is no objection to delaying the fasting until a time when he is able to fast. If something befalls him, such as an illness that prevents fasting, then the day he breaks the fast due to the illness of a healthy person does not break his consecutive fasting, like the menstruating woman. It differs from Hajj, and the consecutiveness is not broken by it. So he is excused. If a man is afflicted with something that prevents him from fasting, and it is difficult for him to fast, this is an excuse. When he feels well, he does not know about fasting until he makes up the fasting and the days before it, and he does not remain breaking the fast and the illness. The obligatory thing is to hasten with the excuse and the illness until he reaches the fasting, just as the menstruating woman, when she becomes pure, continues the fasting until the two months are completed.
The presenter:
Another case is asked about by one of the Western brothers, and a question is written to him.
The Shaykh:
This is what the writer dictates, so we will write to him, if Allah wills, in addition. And we will write, if Allah wills.
Source
ندوات الجامع الكبير مع الأسئلة - ٦٧ — archive.org (1:23:52)
The Arabic text is a machine transcription of the audio recording.