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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on the fasting expiation for accidental killing owed by one who died while it was still upon him

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His Eminence the Shaykh: A person was involved in an accident and died as a result. The traffic department ruled that he was one hundred percent at fault. Other people were involved in this accident, namely the second car, and one person from among them died.Question: Does the first man, who is at fault, owe an expiation? Is it permissible for five people to share in this expiation so that it can be completed quickly? Is it permissible to delay this expiation until a certain period has passed?
The first person, who was one hundred percent at fault and died, and who had also died before him, must expiate by freeing a slave. If he has wealth and a slave is found, a slave is purchased from his wealth and set free. If he does not have sufficient wealth to free a slave, or if no slave is found, then he owes nothing, because what is obligatory upon him in such a case is fasting, and he was unable to do so.And Allah, Blessed and Exalted is He, said:
Allah does not charge a soul except [with that within] its capacityلا يُكَلِّفُ اللَّهُ نَفْساً إِلَّا وُسْعَهَا
[al-Baqarah: 286] Therefore, no one fasts on his behalf in this case; because, in the first place, fasting was not obligatory upon him, since there was no period in which he could have fasted. Therefore, no one fasts on his behalf.
Source shamela.ws

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

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