The Expiation of One Who Struck a Disbeliever with His Car and He Died
Machine translationRead the Arabic original
Question:
The questioner says: A person struck a man who is a disbeliever with his car, and the driver was seventy-five percent at fault. A person struck a man who is a disbeliever with his car and he died, and the driver was seventy-five percent at fault, and the disbeliever who was struck was twenty-five percent at fault. Does he have to pay an expiation? And if he has to pay an expiation, does he only fast for a month and a half?
Answer:
He has to pay an expiation. If he has any share of the blame, even one percent, he has to pay an expiation. This is fasting for two consecutive months; there is no such thing as a month and a half. It is fasting for two consecutive months,[An-Nisa 4:92]. This is an explicit text, even though the one who was killed is a disbeliever, but there is a covenant between us and him, so he fasts for two consecutive months.
The questioner says: A person struck a man who is a disbeliever with his car, and the driver was seventy-five percent at fault. A person struck a man who is a disbeliever with his car and he died, and the driver was seventy-five percent at fault, and the disbeliever who was struck was twenty-five percent at fault. Does he have to pay an expiation? And if he has to pay an expiation, does he only fast for a month and a half?
Answer:
He has to pay an expiation. If he has any share of the blame, even one percent, he has to pay an expiation. This is fasting for two consecutive months; there is no such thing as a month and a half. It is fasting for two consecutive months,
and if he was from a people with whom you have a treaty - then a compensation payment presented to his family and the freeing of a believing slave. And whoever does not find [one or cannot afford to buy one] - then [instead], a fast for two months consecutively
وَإِن كَانَ مِن قَوْمٍ بَيْنَكُمْ وَبَيْنَهُم مِّيثَاقٌ فَدِيَةٌ مُّسَلَّمَةٌ إِلَىٰ أَهْلِهِ وَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ فَمَن لَّمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، تابع كتاب الجنايات - 1 — islamhouse.com (1:05:40)
The Arabic text is a machine transcription of the audio recording.