If a person kills three people by mistake in an accident, is one blood money payment required for all of them, or is he required to pay three blood money payments, one for each?
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The questioner : All right, O our Shaykh, does the blood money repeat in the case of accidental killing? That is, if a person causes the death of two or three people through accidental killing, does he pay the blood money, which is one hundred camels, for each one?
The Shaykh : Indeed, by Allah
The questioner : I mean, does it repeat?
The Shaykh : Yes.
The questioner : And is it permissible to feed sixty poor people if one is unable to fast?
The Shaykh : Is it permissible, or is it obligatory?
The questioner : Is it obligatory? Yes.
The Shaykh : Of course, it is obligatory. Ah.
The questioner : But the verse did not mention feeding sixty poor people?
The Shaykh : Who mentioned it?
The questioner : Some jurists said that since the verse is a strict warning and a threat, it did not mention feeding sixty poor people; it mentioned the blood money.
The Shaykh : Yes.
The questioner : And it mentioned fasting for two consecutive months.
The Shaykh : Yes.
The questioner : But some jurists said that if one is unable to fast, he should feed sixty poor people; and some said no.
The Shaykh : Yes.
The questioner : So in this case, if one is unable to fast, does he not feed sixty poor people?
The Shaykh : What is the problem with the case of inability? They said fasting is the alternative. I mean, do you remember the verse regarding the expiation?
The questioner :[An-Nisa 4:92]
The Shaykh : How?
The questioner :[An-Nisa 4:92]
Another questioner : Feeding was not mentioned.
The questioner : It was not mentioned.
The Shaykh : By deduction, I mean.
The questioner : Many say that feeding is not required.
The Shaykh : By Allah, I find myself now without an answer to this issue, but it appears, and Allah knows best, that they went with fasting as an alternative, by analogy, independent legal reasoning, and deduction...
The questioner : Feeding.
The Shaykh : Feeding, yes. The verse is about fasting; and perhaps they relied on the issue of the expiation for zihar. Yes, in any case, I do not have an answer I can rely on right now.
The questioner : Because people come and ask us for a ruling. For example, a man came and said, "I went to the mufti, and he said, 'I killed a man by mistake. A bus driver killed one person by mistake.' So the mufti advised him to prepare a sacrificial animal and prepare four or five kilograms of rice, give him four kilograms of milk, and make a mansaf. Of course, he did not know whether the mufti was being strict or not—the brothers are laughing—so I told him, 'I saw the man in good health, so I said, "You must fast for two consecutive months, absolutely." So, are you unable to fast?' He said, 'I have not tried.' So I said, 'Well, how can you feed sixty poor people.'"
The Shaykh : No, how? He has not tried. Does he not fast Ramadan?
The questioner : He fasts Ramadan.
The Shaykh : That is all.
The questioner : But the mufti gave him a different ruling. Will he respond to me, or to the mufti?
The Shaykh : There is laxity. The one who can fast one month can fast two consecutive months, otherwise Allah the Exalted would not have obligated fasting for two consecutive months.
The questioner : But here, does fasting not drop off him if he is able to fast and he feeds sixty poor people?
The Shaykh : No, it does not drop off him, because this is a text in the Qur'an.
The questioner : ... The pilot survived and the rest perished...
The Shaykh : No, the issue requires study. If the driver was the cause, the question is valid; but if the driver was not the cause, then he is not responsible.
The questioner : I heard this statement and I told him thatThe Shaykh : he sees this issue[An-Nahl 16:43] So every action has its specialists, so he should ask the specialists in cars and mechanics. Is this action caused by the driver's negligence? Every action has its people, and the specialists should be asked whether this is caused by the driver's negligence or otherwise; if he was the cause...
The Shaykh : Yes, within the limits of ability.
The questioner : Regarding the blood money, does the Muslim whose relative was killed by mistake have the right to compel the Muslim killer, who lives among us in an environment like these villages, to bring one hundred camels, when we deal in gold and silver in this time? Does he have the right to compel him to bring one hundred camels, or does the Shari'ah obligate him to take gold and silver?
The Shaykh : What I know is that the people of camels must pay from camels, the people of sheep from sheep, and the people of currency from currency; so there is nothing that obligates the situation you are asking about now.
The Shaykh : Indeed, by Allah
The questioner : I mean, does it repeat?
The Shaykh : Yes.
The questioner : And is it permissible to feed sixty poor people if one is unable to fast?
The Shaykh : Is it permissible, or is it obligatory?
The questioner : Is it obligatory? Yes.
The Shaykh : Of course, it is obligatory. Ah.
The questioner : But the verse did not mention feeding sixty poor people?
The Shaykh : Who mentioned it?
The questioner : Some jurists said that since the verse is a strict warning and a threat, it did not mention feeding sixty poor people; it mentioned the blood money.
The Shaykh : Yes.
The questioner : And it mentioned fasting for two consecutive months.
The Shaykh : Yes.
The questioner : But some jurists said that if one is unable to fast, he should feed sixty poor people; and some said no.
The Shaykh : Yes.
The questioner : So in this case, if one is unable to fast, does he not feed sixty poor people?
The Shaykh : What is the problem with the case of inability? They said fasting is the alternative. I mean, do you remember the verse regarding the expiation?
The questioner :
And never is it for a believer to kill a believer except by mistake. 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. But if the deceased was from a people at war with you and he was a believer - then [only] the freeing of a believing slave; and if he was from a people with whom you have a treaty - then a compensation payment presented to his family and the freeing of a believing slave
وكَانَ لِمُؤْمِنٍ أَنْ يَقْتُلَ مُؤْمِنًا إِلَّا خَطَأً وَمَنْ قَتَلَ مُؤْمِنًا خَطَأً فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ وَدِيَةٌ مُسَلَّمَةٌ إِلَى أَهْلِهِ إِلَّا أَنْ يَصَّدَّقُوا فَإِنْ كَانَ مِنْ قَوْمٍ عَدُوٍّ لَكُمْ وَهُوَ مُؤْمِنٌ فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ وَإِنْ كَانَ مِنْ قَوْمٍ بَيْنَكُمْ وَبَيْنَهُمْ مِيثَاقٌ فَدِيَةٌ مُسَلَّمَةٌ إِلَى أَهْلِهِ وَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍThe Shaykh : How?
The questioner :
And 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
فَمَنْ لَمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ تَوْبَةً مِنَ اللَّهِ ...Another questioner : Feeding was not mentioned.
The questioner : It was not mentioned.
The Shaykh : By deduction, I mean.
The questioner : Many say that feeding is not required.
The Shaykh : By Allah, I find myself now without an answer to this issue, but it appears, and Allah knows best, that they went with fasting as an alternative, by analogy, independent legal reasoning, and deduction...
The questioner : Feeding.
The Shaykh : Feeding, yes. The verse is about fasting; and perhaps they relied on the issue of the expiation for zihar. Yes, in any case, I do not have an answer I can rely on right now.
The questioner : Because people come and ask us for a ruling. For example, a man came and said, "I went to the mufti, and he said, 'I killed a man by mistake. A bus driver killed one person by mistake.' So the mufti advised him to prepare a sacrificial animal and prepare four or five kilograms of rice, give him four kilograms of milk, and make a mansaf. Of course, he did not know whether the mufti was being strict or not—the brothers are laughing—so I told him, 'I saw the man in good health, so I said, "You must fast for two consecutive months, absolutely." So, are you unable to fast?' He said, 'I have not tried.' So I said, 'Well, how can you feed sixty poor people.'"
The Shaykh : No, how? He has not tried. Does he not fast Ramadan?
The questioner : He fasts Ramadan.
The Shaykh : That is all.
The questioner : But the mufti gave him a different ruling. Will he respond to me, or to the mufti?
The Shaykh : There is laxity. The one who can fast one month can fast two consecutive months, otherwise Allah the Exalted would not have obligated fasting for two consecutive months.
The questioner : But here, does fasting not drop off him if he is able to fast and he feeds sixty poor people?
The Shaykh : No, it does not drop off him, because this is a text in the Qur'an.
The questioner : ... The pilot survived and the rest perished...
The Shaykh : No, the issue requires study. If the driver was the cause, the question is valid; but if the driver was not the cause, then he is not responsible.
The questioner : I heard this statement and I told him thatThe Shaykh : he sees this issue
So ask the people of the message if you do not know.
فاسألوا أهل الذكر إن كنتم لا تعلمونThe Shaykh : Yes, within the limits of ability.
The questioner : Regarding the blood money, does the Muslim whose relative was killed by mistake have the right to compel the Muslim killer, who lives among us in an environment like these villages, to bring one hundred camels, when we deal in gold and silver in this time? Does he have the right to compel him to bring one hundred camels, or does the Shari'ah obligate him to take gold and silver?
The Shaykh : What I know is that the people of camels must pay from camels, the people of sheep from sheep, and the people of currency from currency; so there is nothing that obligates the situation you are asking about now.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.