Killing by mistake
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Question: I know that the expiation for killing by mistake is: fasting for two consecutive months, and I have, for about two years, struck a pedestrian with my car, and this person died
affected by that impact, and a settlement was reached between me and the deceased's family, by paying half the blood money, which I paid at the time,And my question is: Do I have to fast for two months after paying the blood money, or not? And is it permissible for me to delay fasting them until I have the opportunity, especially since I am now very busy? And if I cannot fast, what should I do? Please advise us, and may you be rewarded.
Answer: There is no doubt that the one who kills by mistake is obligated to pay the blood money and the expiation. The blood money is obligatory upon the kin of the killer, and the expiation is obligatory upon the killer himself,Allah the Exalted said:[An-Nisa 4:92] to His saying: [Al-Nisa: 92] ,So Allah the Exalted made two things obligatory in killing by mistake:
The first: the blood money, and this is upon the kin of the one who killed by mistake.
Second: the expiation, and this is upon the killer.
And the expiation consists of two things: the first is freeing a slave, if a slave is found and one is able to free it, and nothing else suffices. If he does not find a slave, or if a slave exists but he cannot afford to free it economically, then he fasts for two consecutive months. There is no third option in this expiation; it is only freeing a slave. So whoever cannot free a slave, he fasts for two months. It is obligatory for you to fast for two consecutive months, and this has become established in your liability, and you must hasten to perform it whenever possible, and whenever circumstances allow, even while you are at work. Work does not prevent fasting; you fast while you work, and this does not prevent fasting, because delaying this obligation that is in your liability is feared to
cause you to encounter unforeseen events, so you leave this expiation in your liability, and it weighs heavily on your shoulders. It is obligatory for you to hasten to clear your liability and discharge it from this great obligation.
affected by that impact, and a settlement was reached between me and the deceased's family, by paying half the blood money, which I paid at the time,And my question is: Do I have to fast for two months after paying the blood money, or not? And is it permissible for me to delay fasting them until I have the opportunity, especially since I am now very busy? And if I cannot fast, what should I do? Please advise us, and may you be rewarded.
Answer: There is no doubt that the one who kills by mistake is obligated to pay the blood money and the expiation. The blood money is obligatory upon the kin of the killer, and the expiation is obligatory upon the killer himself,Allah the Exalted said:
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
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 حَكِيمًاThe first: the blood money, and this is upon the kin of the one who killed by mistake.
Second: the expiation, and this is upon the killer.
And the expiation consists of two things: the first is freeing a slave, if a slave is found and one is able to free it, and nothing else suffices. If he does not find a slave, or if a slave exists but he cannot afford to free it economically, then he fasts for two consecutive months. There is no third option in this expiation; it is only freeing a slave. So whoever cannot free a slave, he fasts for two months. It is obligatory for you to fast for two consecutive months, and this has become established in your liability, and you must hasten to perform it whenever possible, and whenever circumstances allow, even while you are at work. Work does not prevent fasting; you fast while you work, and this does not prevent fasting, because delaying this obligation that is in your liability is feared to
cause you to encounter unforeseen events, so you leave this expiation in your liability, and it weighs heavily on your shoulders. It is obligatory for you to hasten to clear your liability and discharge it from this great obligation.