If a father allows his young son to drive a car without a license, and an accident occurs on the road resulting in the son's death, does the father owe an expiation, and does it make a difference between one who is a good driver and one who is not?
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The questioner : A man traveled for a picnic with his family, and one of his sons asked to drive the car. He was fourteen years old, so the father allowed him to drive, even though he did not hold a license. While on the road, Allah decreed that they be involved in a rollover accident, and that son died as a result. This father asks whether he owes an expiation because he allowed that son to drive even though he did not hold a driving license, and perhaps he was not a good driver? And does it make a difference if he was a good driver or not?
The Shaykh : Yes, if this son was a good driver, then the father owes nothing, because the father did not order him to do so, nor did he force him to do it.
And if he was not a good driver, then the father was negligent, so he must make expiation, because he was the cause of killing this boy, or rather, this young man.
Likewise, we must also know whether the cause of the car overturning was the young man's action, or whether it was divine decree and destiny. Sometimes the cause is that the tire bursts without any action by the person, and then the car overturns and the accident happens. In that case, there is nothing wrong with it. Some people think that whenever an accident happens, compensation is obligatory and expiation is obligatory, and this is not correct. An accident that is not due to your action, your conduct, or your recklessness, but rather is divine decree and destiny—where the tire bursts and the car overturns, or an arm is severed, or something similar that is a cause—there is nothing on the person, neither expiation nor compensation. Yes.
The questioner : He says he does not have a license, O Shaykh.
The Shaykh : As for the issue of the license, it is not essential. The discussion is about being a good driver. But holding a license or not, that is in relation to the authorities. As for what the Shari'ah requires, if he is a good driver, it makes no difference in the ruling whether he holds a license or not. Yes.
The Shaykh : Yes, if this son was a good driver, then the father owes nothing, because the father did not order him to do so, nor did he force him to do it.
And if he was not a good driver, then the father was negligent, so he must make expiation, because he was the cause of killing this boy, or rather, this young man.
Likewise, we must also know whether the cause of the car overturning was the young man's action, or whether it was divine decree and destiny. Sometimes the cause is that the tire bursts without any action by the person, and then the car overturns and the accident happens. In that case, there is nothing wrong with it. Some people think that whenever an accident happens, compensation is obligatory and expiation is obligatory, and this is not correct. An accident that is not due to your action, your conduct, or your recklessness, but rather is divine decree and destiny—where the tire bursts and the car overturns, or an arm is severed, or something similar that is a cause—there is nothing on the person, neither expiation nor compensation. Yes.
The questioner : He says he does not have a license, O Shaykh.
The Shaykh : As for the issue of the license, it is not essential. The discussion is about being a good driver. But holding a license or not, that is in relation to the authorities. As for what the Shari'ah requires, if he is a good driver, it makes no difference in the ruling whether he holds a license or not. Yes.