One day, an accident happened to me: my car overturned, and my father died in the accident.
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The questioner : This is a message from listener S.S. al-Zahrani from the Kingdom of Saudi Arabia. He says: One day, an accident happened to me: my car overturned, and my father died in the accident. One of my brothers told me that I must fast or free a slave. Is this correct?
The Shaykh : If a car accident occurs, it is obligatory to look into the cause of the accident. If the cause was the driver, whether through transgression or negligence, he is liable for what was damaged by the accident, and if someone died as a result, he owes the expiation. An example of transgression is loading the car with more than it can bear, or steering it while speeding, or driving at a high speed that causes the accident.
An example of negligence is being careless about checking the car, such as knowing there is a defect in it but being careless and saying, "We will wait until we reach the city or the station," or similar. Or knowing there is a defect in the car's tires but being careless and saying, "The distance is short, the city is close, the station is close," until the tire bursts. In this case, he is liable for any loss of life or property, and he owes the expiation.
As for if the accident occurred without transgression or negligence, then he owes nothing, neither liability nor expiation. For example, if the tire burst by the divine decree and destiny without any cause from him, or if he tried to avoid a harm he feared, and the car overturned while avoiding it, then he owes nothing. An example is if a person appears in his path, so he steers the car to avoid colliding with him, and the car overturns as a result of steering; in this case, he owes nothing.
As for the first case, where the accident occurred due to the bursting of the car's tire while being cautious, this is because he did not cause the accident. As for the second case, it is because he is doing good. It is true that he is the one who steered the car, but he steered it believing that this was the path of safety and that it was safer than remaining in his path. Thus, by this action, he is doing good. And Allah the Exalted said:[At-Tawbah 9:91].
Similarly, if he was driving in his lane and found a pit or a large stone ahead, and if he continued in his path, he would fall into it and collide with the large stone, but if he deviated, it would be safer for him, so he deviated, and the car overturned during the deviation, then he owes nothing for that. This is because he avoided a danger he saw as greater, and thus he is doing good. And there is no path against those who do good. The important thing is that it is obligatory to verify the cause of the accident. If it was due to the driver's negligence or transgression, he owes liability and expiation. If it was not due to his transgression or negligence, or if it was due to doing good to avoid harm, then he owes nothing, neither liability nor expiation.
As for his statement in the question that he must fast or free a slave, the apparent meaning of his words is that he believes fasting and freeing a slave are the same. This is not the case. The obligatory expiation for killing is to free a slave. If he does not find one, he must fast for two consecutive months. There is no charity in it. Rather, if he is able to fast, he fasts. If he is not able, he owes nothing, based on the saying of Allah the Exalted:[An-Nisa 4:92] up to His saying: [An-Nisa 4:92]. Allah the Exalted did not mention a third thing in this expiation, unlike the expiation for zihar, in which Allah the Exalted mentioned three things: freeing a slave [Al-Baqarah 2:196] [Al-Mujadila 58:4]. As for the expiation for killing, there is no feeding, but rather either he fasts if he cannot afford a slave, or he owes nothing if he cannot fast. Yes.
The Shaykh : If a car accident occurs, it is obligatory to look into the cause of the accident. If the cause was the driver, whether through transgression or negligence, he is liable for what was damaged by the accident, and if someone died as a result, he owes the expiation. An example of transgression is loading the car with more than it can bear, or steering it while speeding, or driving at a high speed that causes the accident.
An example of negligence is being careless about checking the car, such as knowing there is a defect in it but being careless and saying, "We will wait until we reach the city or the station," or similar. Or knowing there is a defect in the car's tires but being careless and saying, "The distance is short, the city is close, the station is close," until the tire bursts. In this case, he is liable for any loss of life or property, and he owes the expiation.
As for if the accident occurred without transgression or negligence, then he owes nothing, neither liability nor expiation. For example, if the tire burst by the divine decree and destiny without any cause from him, or if he tried to avoid a harm he feared, and the car overturned while avoiding it, then he owes nothing. An example is if a person appears in his path, so he steers the car to avoid colliding with him, and the car overturns as a result of steering; in this case, he owes nothing.
As for the first case, where the accident occurred due to the bursting of the car's tire while being cautious, this is because he did not cause the accident. As for the second case, it is because he is doing good. It is true that he is the one who steered the car, but he steered it believing that this was the path of safety and that it was safer than remaining in his path. Thus, by this action, he is doing good. And Allah the Exalted said:
There is not upon the doers of good any cause [for blame]
ما على المحسنين من سبيلSimilarly, if he was driving in his lane and found a pit or a large stone ahead, and if he continued in his path, he would fall into it and collide with the large stone, but if he deviated, it would be safer for him, so he deviated, and the car overturned during the deviation, then he owes nothing for that. This is because he avoided a danger he saw as greater, and thus he is doing good. And there is no path against those who do good. The important thing is that it is obligatory to verify the cause of the accident. If it was due to the driver's negligence or transgression, he owes liability and expiation. If it was not due to his transgression or negligence, or if it was due to doing good to avoid harm, then he owes nothing, neither liability nor expiation.
As for his statement in the question that he must fast or free a slave, the apparent meaning of his words is that he believes fasting and freeing a slave are the same. This is not the case. The obligatory expiation for killing is to free a slave. If he does not find one, he must fast for two consecutive months. There is no charity in it. Rather, if he is able to fast, he fasts. If he is not able, he owes nothing, based on the saying of Allah the Exalted: