If a car breaks down and overturns, does the driver bear responsibility for the passengers with him, and is this considered accidental killing?
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The questioner : If the driver of the car, then the car breaks down and overturns?
The Shaykh : Ah, calm down. We have already explained this in detail, the issues.
The questioner : Regarding the ones with him, I mean, I am speaking about the passengers with him.
The Shaykh : Here there is a detail, and before the detail, I want to draw attention to the fact that legal issues revolve around one of three possibilities mentioned by the Messenger (peace be upon him) in the hadith of Nu'man ibn Bashir, namely his saying:Musannaf Ibn Abi Shaybah 12:2035 to the end of the hadith. Now, regarding accidental killing, this is the well-known type, meaning this is the one for which expiation and blood money are required, and so on. There is a type of killing that many people do not know about, and we have spoken about it.
The questioner: Yes.
The Shaykh : There is a type between this and that, meaning the question mentioned earlier is one of the confusing ones. By the way, I say regarding this issue, I used to do good, but I stopped. Perhaps our brother the doctor knows that when I was in Medina, my car was like a taxi. When I left my house in Medina for the university, it would not be empty; it would be full. And when I left the university for my house in Medina, likewise. There are stories, and praise be to Allah, I remember them, but we are not currently dealing with them. However, when it reached me that if an accident occurred, I would be held liable without any detail, I stopped doing good. The intended answer to the question: This requires very precise study so that we make it clear whether it is forbidden or permissible, meaning, is it accidental killing or not accidental killing? Is there blood money and expiation on me, or is there no blood money and expiation? I will clarify that. We are all almost car drivers; we all drive cars and know the problems of driving. I will now give a very clear example, and another example that is very opposite to it. I assume a man took a new car, everything in it is in order, from its parts to the rest, and he carried people with him. Then the car overturned. What do they call the police department?
The student : Croka.
The Shaykh : Croka. They inspect the cause of the accident and do not find a cause. They return to those who do not believe in divine decree and destiny and say, "It is divine decree and destiny." There must be a cause, but this cause may appear or may be hidden. We are now assuming that the cause appeared and that the cause does not return to the driver or to the car. As for it not returning to the car, because the car is new, its parts are fresh, and so on. And there is nothing to be taken against the driver because it is known that he is an experienced driver first, and then the department inspecting the accident did not place responsibility on him. Then we assume there is a clear cause, and we assume there was a patch of oil. You know oil accidents. When this man reached this area, and this oil was a surprise to him, the steering became unsteady, and he hit the wall or the mountain, and the accident occurred. Yes, yes.
The questioner : Peace be upon you.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
The questioner : How are you, my master?
The Shaykh : Welcome.
The questioner: Is it clear, if Allah wills?
The Shaykh : Praise be to Allah, I am well.
The questioner : Ibrahim, a small Zirr.
The Shaykh : Welcome, may Allah make you grow.
The questioner : How are you, my master?
The Shaykh : By Allah, praise be to Allah.
The questioner : I want to ask you.
The Shaykh : How are you?
The questioner : Praise be to Allah.
The Shaykh : How is the father?
The questioner : Fine, he sends his regards.
The Shaykh: What is his news?
The questioner : Praise be to Allah.
The Shaykh : Do you get news?
The questioner : By Allah, he talks to me every few days.
The Shaykh : I am well.
The questioner : Fine, praise be to Allah.
The Shaykh : What do you have?
The questioner : My master, the teacher Yusuf.
The Shaykh : Yusuf, what?
The questioner : The brother of Shaykh Yasin, the brother of Abu Bilal, do you know him?
The Shaykh : The brother of whom?
The questioner : The brother of Abu Bilal, Shaykh Yasin.
The Shaykh : The brother of Abu Bilal?
The questioner : Yes.
The Shaykh : Abu Bilal who was your father's partner.
The questioner : Yes.
The Shaykh : By Allah, I do not remember Yusuf, but Abu Bilal is our companion and friend.
The questioner : Do you have his home phone number?
The Shaykh : No, I do not have it.
The questioner : But I wanted to ask if you know Dr. Yusuf or...
The Shaykh : No, no, by Allah, I do not have it.
The questioner : Because my brother told me yesterday, he said he has paralysis.
The Shaykh : To whom?
The questioner : For Dr. Yusuf.
The Shaykh : By Allah, I have no news, and we ask Allah for his well-being.
The Shaykh : Where is Yusuf?
The questioner: Yes.
The Shaykh : Where does Yusuf live?
The questioner : As far as I believe.
The Shaykh : Ah, calm down. We have already explained this in detail, the issues.
The questioner : Regarding the ones with him, I mean, I am speaking about the passengers with him.
The Shaykh : Here there is a detail, and before the detail, I want to draw attention to the fact that legal issues revolve around one of three possibilities mentioned by the Messenger (peace be upon him) in the hadith of Nu'man ibn Bashir, namely his saying:
Indeed, the lawful is clear, and the forbidden is clear, and between them are matters of doubt
إنَّ الحلال بيِّن ، والحرام بيِّن ، وبينهما أمور مشتبهاتThe questioner: Yes.
The Shaykh : There is a type between this and that, meaning the question mentioned earlier is one of the confusing ones. By the way, I say regarding this issue, I used to do good, but I stopped. Perhaps our brother the doctor knows that when I was in Medina, my car was like a taxi. When I left my house in Medina for the university, it would not be empty; it would be full. And when I left the university for my house in Medina, likewise. There are stories, and praise be to Allah, I remember them, but we are not currently dealing with them. However, when it reached me that if an accident occurred, I would be held liable without any detail, I stopped doing good. The intended answer to the question: This requires very precise study so that we make it clear whether it is forbidden or permissible, meaning, is it accidental killing or not accidental killing? Is there blood money and expiation on me, or is there no blood money and expiation? I will clarify that. We are all almost car drivers; we all drive cars and know the problems of driving. I will now give a very clear example, and another example that is very opposite to it. I assume a man took a new car, everything in it is in order, from its parts to the rest, and he carried people with him. Then the car overturned. What do they call the police department?
The student : Croka.
The Shaykh : Croka. They inspect the cause of the accident and do not find a cause. They return to those who do not believe in divine decree and destiny and say, "It is divine decree and destiny." There must be a cause, but this cause may appear or may be hidden. We are now assuming that the cause appeared and that the cause does not return to the driver or to the car. As for it not returning to the car, because the car is new, its parts are fresh, and so on. And there is nothing to be taken against the driver because it is known that he is an experienced driver first, and then the department inspecting the accident did not place responsibility on him. Then we assume there is a clear cause, and we assume there was a patch of oil. You know oil accidents. When this man reached this area, and this oil was a surprise to him, the steering became unsteady, and he hit the wall or the mountain, and the accident occurred. Yes, yes.
The questioner : Peace be upon you.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
The questioner : How are you, my master?
The Shaykh : Welcome.
The questioner: Is it clear, if Allah wills?
The Shaykh : Praise be to Allah, I am well.
The questioner : Ibrahim, a small Zirr.
The Shaykh : Welcome, may Allah make you grow.
The questioner : How are you, my master?
The Shaykh : By Allah, praise be to Allah.
The questioner : I want to ask you.
The Shaykh : How are you?
The questioner : Praise be to Allah.
The Shaykh : How is the father?
The questioner : Fine, he sends his regards.
The Shaykh: What is his news?
The questioner : Praise be to Allah.
The Shaykh : Do you get news?
The questioner : By Allah, he talks to me every few days.
The Shaykh : I am well.
The questioner : Fine, praise be to Allah.
The Shaykh : What do you have?
The questioner : My master, the teacher Yusuf.
The Shaykh : Yusuf, what?
The questioner : The brother of Shaykh Yasin, the brother of Abu Bilal, do you know him?
The Shaykh : The brother of whom?
The questioner : The brother of Abu Bilal, Shaykh Yasin.
The Shaykh : The brother of Abu Bilal?
The questioner : Yes.
The Shaykh : Abu Bilal who was your father's partner.
The questioner : Yes.
The Shaykh : By Allah, I do not remember Yusuf, but Abu Bilal is our companion and friend.
The questioner : Do you have his home phone number?
The Shaykh : No, I do not have it.
The questioner : But I wanted to ask if you know Dr. Yusuf or...
The Shaykh : No, no, by Allah, I do not have it.
The questioner : Because my brother told me yesterday, he said he has paralysis.
The Shaykh : To whom?
The questioner : For Dr. Yusuf.
The Shaykh : By Allah, I have no news, and we ask Allah for his well-being.
The Shaykh : Where is Yusuf?
The questioner: Yes.
The Shaykh : Where does Yusuf live?
The questioner : As far as I believe.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.