Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

I was involved in a traffic accident in which two people died, and I was the one driving the car

Machine translationRead the Arabic original
Fatwa number ( 17147 )
Q: I submit this request to your eminence and hope for your ruling on this matter, may Allah reward you a thousand times over. I was involved in a traffic accident in 1412 AH, in which two people died. I was driving the car because it is my car. One of the deceased was with me in my car, and the other was in the second car with which we collided; he was the one driving that car and was alone in it. As for me and one of the people who were with me, we sustained very severe injuries. We were hospitalized for two months following the accident, and we still suffer from its effects. When the accident occurred, the traffic police arrived and mapped the scene. They observed that the person who hit us had overtaken several cars that had swerved off the road to escape him. However, he caught up to me and hit me. My car's right tires were off the main road as I tried to evade him to avoid the accident, but he caught up to me and struck me. The aforementioned person died on the spot, and one of the passengers with me in my car also died in the same accident. The traffic police assigned me a 25% liability for speeding. This percentage is in effect with the traffic department; a speed percentage must be assigned if found
There were fatalities in the accident, so that the blood money is lighter for the other party. The road in front of me was straight, a public road, where one must drive or else cause accidents. Therefore, I ask your Excellency to rule on the following: 1. Do I have to fast for the fatalities? Knowing that I am the one at fault? 2. If I have to fast, how much? Is it for the person who died with me in my car during the accident, or for both people? 3. If I have to fast, is there a fidyah (ransom payment) instead of fasting that I can pay? 4. Is there any consequence for me due to delaying the fasting for this period? 5. I was assigned a 25% speeding liability, which is considered in effect with the traffic officers if there are fatalities in the accident. The other party was assigned a 75% liability. He died in the same accident, and no one was with him in his car when the accident occurred. He had been overtaking several cars, and they had swerved to escape him, but he caught up to me outside my lane and hit me. Therefore, I hope for a ruling on the above, in detail, and whether there is a fidyah and how much the fasting is?

A: If the matter is as you described, that you are liable for the accident to the extent of 25%, then you must perform two expiations for accidental killing, which are freeing two believing slaves. If you cannot find them, then fast for four months, two consecutive months each; for Allah the Exalted said:
And whoever kills a believer by mistake - then the freeing of a believing slave and a compensation payment presented to theوَمَنْ قَتَلَ مُؤْمِنًا خَطَأً فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ وَدِيَةٌ مُسَلَّمَةٌ إِلَى أَهْلِهِ
[An-Nisa 4:92]
until He said:
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.فَمَنْ لَمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ تَوْبَةً مِنَ اللَّهِ وَكَانَ اللَّهُ عَلِيمًا حَكِيمًا
[An-Nisa 4:92]
. Since you are liable for a share in the accidental killing of two believers, you must perform the expiation for killing two. The expiation for accidental killing multiplies with the number of victims, just as blood money does; because each victim stands in his own right and is not attached to another. You owe nothing for delaying the expiation for this period, but it is obligatory for you to hasten to perform it unless there is an excuse, to clear your conscience of what has burdened it. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source www.alifta.gov.sa

The Arabic text is copied verbatim from the original source, without any edits.

Similar fatwas