The Driver's Guarantee for One Who Jumps from a Car and Car Accidents
Machine translationRead the Arabic original
Question:
Suppose a man is riding in a car, and on one side of the car, the tire bursts, causing the car to lose its balance. As a result, one of the passengers is thrown out of the car and hits a rock there, while the others are saved. Does the driver have to pay blood money for the women in the car, or does he owe nothing, given that the car was not under his control and the danger arose from such a car accident?
Answer:
If the person jumped out himself and his jump caused his death, then the driver owes nothing, because he is the one who harmed himself; he is the one who harmed himself. It is as if the car was moving and he stood up and jumped out of it while it was moving, and he died. The driver owes nothing. The one who committed the act is the one who harmed himself and caused his own death.
Unintentional killing in cars, if there is negligence, if there is negligence on the part of the driver that resulted in the accident due to his negligence—whether he does not drive well, or he is speeding beyond the usual limit, or he did not inspect the car before driving it, and it had a defect that he did not check for. It is obligatory for him to inspect the car before driving.
As for if the car is sound and has no defect, and he is not speeding beyond the usual limit, and he drives well, then he owes nothing; because he did not transgress. Yes.
Suppose a man is riding in a car, and on one side of the car, the tire bursts, causing the car to lose its balance. As a result, one of the passengers is thrown out of the car and hits a rock there, while the others are saved. Does the driver have to pay blood money for the women in the car, or does he owe nothing, given that the car was not under his control and the danger arose from such a car accident?
Answer:
If the person jumped out himself and his jump caused his death, then the driver owes nothing, because he is the one who harmed himself; he is the one who harmed himself. It is as if the car was moving and he stood up and jumped out of it while it was moving, and he died. The driver owes nothing. The one who committed the act is the one who harmed himself and caused his own death.
Unintentional killing in cars, if there is negligence, if there is negligence on the part of the driver that resulted in the accident due to his negligence—whether he does not drive well, or he is speeding beyond the usual limit, or he did not inspect the car before driving it, and it had a defect that he did not check for. It is obligatory for him to inspect the car before driving.
As for if the car is sound and has no defect, and he is not speeding beyond the usual limit, and he drives well, then he owes nothing; because he did not transgress. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 72 من 89|شرح العدة في شرح العمدة|كتاب الجنايات|فصل في شروط استيفاء القصاص|صالح الفوزان|الفقه — youtube.com (31:55)
The Arabic text is a machine transcription of the audio recording.
