A car accident happened to me several years ago, resulting in the death of a person. I paid part of the blood money to his heirs, and they waived the rest, but I was told
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Question: A car accident happened to me several years ago, resulting in the death of a person. I paid part of the blood money to his heirs, and they waived the rest,But I was told: that I am required to perform an expiation, which is fasting for two consecutive months, or feeding sixty poor people. As for fasting, I am unable to do it because I am a government employee, and my work is such that I cannot combine it with fasting. I need to continue working, as it is my source of livelihood after Allah. But I ask: may I switch to feeding? What is the method? And what should I do if I am unable even to feed people at the present time? Does it remain a debt in my obligation until I am able to pay it? Please advise us, may Allah reward you.
Answer: Allah, Glorified and Exalted is He, said:[An-Nisa 4:92] up to His saying: [Al-Nisa: 92] .
So whoever kills a believer by mistake, or kills a person under a treaty, it is obligatory upon him to perform the expiation, which is as Allah, Glorified and Exalted is He, has explained,in order between the two things:
The first thing: freeing a slave. If he finds a slave and is able to buy it, it is obligatory upon him to free it, or if it is in his possession, it is obligatory upon him to free it as expiation for what
is obligatory upon him. And if he is unable to free a slave, he switches to the second thing, which is fasting for two consecutive months. There is no third option, so feeding is not mentioned in the expiation for killing; it only came in the expiation for zihar and the expiation for intercourse during the day of Ramadan.
As for killing, there are only two things in it, in order,The first: freeing a slave.The second: fasting.
And you, O questioner, must do one of the two things: either freeing a slave if you are able to do so, or fasting for two consecutive months. If your situation is as you described, that you cannot fast due to continuing work and your need to seek the livelihood with which you meet your needs, this does not drop the fasting from you. Rather, it remains in your obligation, and you wait for opportunities when you can fast and are able to do so, such as winter, when you can combine fasting and work. So you delay the fasting until the winter season and fast. This is something obligatory upon you. Just as you fast Ramadan while working, it is obligatory upon you to fast the expiation fasting while working, because both fasts are obligatory upon you by the Shari'ah. So you must fast, even if there is some hardship in it, or bearable hardship. And if there is unbearable hardship, you delay the fasting to another time as we mentioned. In any case, fasting is necessary, and feeding is not sufficient in the expiation for killing.
Answer: Allah, Glorified and Exalted is He, said:
And never is it for a believer to kill a believer except by mistake. And whoever kills a believer by mistake - then the freeing of a believing slave and a compensation payment presented to the deceased's family [is required] unless they give [up their right as] charity
وَمَا كَانَ لِمُؤْمِنٍ أَنْ يَقْتُلَ مُؤْمِنًا إِلَّا خَطَأً وَمَنْ قَتَلَ مُؤْمِنًا خَطَأً فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ وَدِيَةٌ مُسَلَّمَةٌ إِلَى أَهْلِهِ إِلَّا أَنْ يَصَّدَّقُواAnd 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 حَكِيمًاSo whoever kills a believer by mistake, or kills a person under a treaty, it is obligatory upon him to perform the expiation, which is as Allah, Glorified and Exalted is He, has explained,in order between the two things:
The first thing: freeing a slave. If he finds a slave and is able to buy it, it is obligatory upon him to free it, or if it is in his possession, it is obligatory upon him to free it as expiation for what
is obligatory upon him. And if he is unable to free a slave, he switches to the second thing, which is fasting for two consecutive months. There is no third option, so feeding is not mentioned in the expiation for killing; it only came in the expiation for zihar and the expiation for intercourse during the day of Ramadan.
As for killing, there are only two things in it, in order,The first: freeing a slave.The second: fasting.
And you, O questioner, must do one of the two things: either freeing a slave if you are able to do so, or fasting for two consecutive months. If your situation is as you described, that you cannot fast due to continuing work and your need to seek the livelihood with which you meet your needs, this does not drop the fasting from you. Rather, it remains in your obligation, and you wait for opportunities when you can fast and are able to do so, such as winter, when you can combine fasting and work. So you delay the fasting until the winter season and fast. This is something obligatory upon you. Just as you fast Ramadan while working, it is obligatory upon you to fast the expiation fasting while working, because both fasts are obligatory upon you by the Shari'ah. So you must fast, even if there is some hardship in it, or bearable hardship. And if there is unbearable hardship, you delay the fasting to another time as we mentioned. In any case, fasting is necessary, and feeding is not sufficient in the expiation for killing.