A man works as a train driver, and while driving, he was surprised to find a person sleeping on the railway track and killed him. This incident has occurred three times. Does he owe an expiation?
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The questioner: Our Shaykh, Nasir, may Allah reward you with good
The Shaykh : And you, if Allah wills.
The questioner: I have been tasked with two questions from Algeria.
The Shaykh : Please go ahead.
The questioner: The first question is about a man who works on the train, a train driver.
The Shaykh : Where?
The questioner: In Algeria.
The Shaykh: He works in Algeria.
The questioner: And he says that three people, meaning they came to the railway track. The first one came and slept on the railway track.
The Shaykh: He slept, meaning how?
The questioner: He slept as if he were in a state of madness or something of that sort. So he told me to pass over him with the train, and he killed him without intent and without premeditation. And then the second one came again, and the third one as well!
The Shaykh : Strange!
The questioner: In this manner, he asks, saying, what is the ruling? Do I have to fast? Do I have to pay blood money, even though the government takes on the cost of paying the blood money? And may Allah reward you with good.
The Shaykh: What appears to me, and Allah knows best, is that this killing is not an accidental killing, and therefore he owes nothing. As the scholars say, the fatwa is based on the extent of the text. So, based on what I have heard from you, this is your answer. However, if there are other matters, we do not know them. This is the first question. So, what is the second question?
The questioner: So he does not have to fast.
The Shaykh : He owes nothing.
The questioner: And he does not have to pay blood money, nor anything else.
The Shaykh: Yes.
The questioner : May Allah reward you with good.
The Shaykh: And beware, but we want to be fair to the brother here who did not recall the second question. Perhaps he has now recalled it so that we can answer it, even though the time has passed. Please, go ahead.
The Shaykh : And you, if Allah wills.
The questioner: I have been tasked with two questions from Algeria.
The Shaykh : Please go ahead.
The questioner: The first question is about a man who works on the train, a train driver.
The Shaykh : Where?
The questioner: In Algeria.
The Shaykh: He works in Algeria.
The questioner: And he says that three people, meaning they came to the railway track. The first one came and slept on the railway track.
The Shaykh: He slept, meaning how?
The questioner: He slept as if he were in a state of madness or something of that sort. So he told me to pass over him with the train, and he killed him without intent and without premeditation. And then the second one came again, and the third one as well!
The Shaykh : Strange!
The questioner: In this manner, he asks, saying, what is the ruling? Do I have to fast? Do I have to pay blood money, even though the government takes on the cost of paying the blood money? And may Allah reward you with good.
The Shaykh: What appears to me, and Allah knows best, is that this killing is not an accidental killing, and therefore he owes nothing. As the scholars say, the fatwa is based on the extent of the text. So, based on what I have heard from you, this is your answer. However, if there are other matters, we do not know them. This is the first question. So, what is the second question?
The questioner: So he does not have to fast.
The Shaykh : He owes nothing.
The questioner: And he does not have to pay blood money, nor anything else.
The Shaykh: Yes.
The questioner : May Allah reward you with good.
The Shaykh: And beware, but we want to be fair to the brother here who did not recall the second question. Perhaps he has now recalled it so that we can answer it, even though the time has passed. Please, go ahead.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.