A man owes an expiation of two consecutive months; if he fasts Sha'ban and Ramadan, is that sufficient? We request a detailed explanation with evidence.
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The questioner : The questioner asks, saying... he owes an expiation of two consecutive months; if he fasts Sha'ban and Ramadan, is that sufficient for him or...?
The Shaykh : Yes, if a person is obligated to perform the expiation of fasting two consecutive months, then fasting the obligatory fast does not suffice for the expiation. Therefore, if a person vows to fast a month and then fasts Ramadan, does that suffice for him...? The answer is no. Likewise, Ramadan does not suffice for the expiation. It is necessary that he fast an independent, standalone month. But I ask the brother: when does the expiation become fasting two consecutive months?
The questioner : If it precedes killing or...
The Shaykh : In killing, and others?
The questioner : Ah
The Shaykh : No, it is forbidden for us to speak. Here, rest. Intercourse during the day in Ramadan for whom fasting is obligatory, for whom fasting is obligatory, okay, three?
The questioner : In zihar.
The Shaykh : In zihar, okay, rest. In something else? In the expiation for killing, if a person kills someone by mistake, the expiation becomes obligatory upon him, even if it was by mistake, by the saying of Allah the Exalted[An-Nisa 4:92] until He said [An-Nisa 4:92]
Suppose a mother rolls over her child while she is sleeping and kills him; does she owe an expiation? The answer is, she does not owe an expiation. She owes an expiation because she killed him by mistake. Okay, and if this mother woke up and found her child dead, but she had not rolled over him, does she owe the expiation? The answer is no, because it is possible that he died by the will of Allah Mighty and Majestic, not by her action.
Okay, suppose a man drove the car in a normal manner, normal driving, then he saw a hole and turned the car away from the hole, so the car overturned onto a person standing on the sidewalk and he died, and one of its passengers also ended up under the car and died. Now two men have died. Does the driver owe an expiation? Two expiations or one expiation?
The student: ...
The Shaykh : No, okay, so we now have three opinions: one that it is two expiations, one that he owes nothing, and one that it is a single expiation. What is the argument of the one who says it is two expiations?
The student: ...
The Shaykh : Okay, good. What is your evidence that he owes nothing?
The student: He is the driver of the car, right...
The Shaykh : Yes, okay, yes, meaning, so he is doing good, and there is no path upon the doers of good. Okay, this is what is the argument of the one who says it is one?
The student: ... the danger before him from the hole... whereas this one was a mistaken killing, and this one was not...?
The Shaykh : Perfect, this is a jurist, this is the correct one. Meaning, he owes the expiation and the blood money for the one on the sidewalk, because this killing was not for the benefit of the killed one, is that so? But for the one who died while riding, he owes nothing from him, neither blood money nor expiation, because he acted for his benefit. And when he turned the car out of fear of the danger, he acted for the benefit of the passenger, so by that he is a doer of good. And Allah the Exalted said[At-Tawbah 9:91] Do you understand now? So he killed the one on the sidewalk by mistake, but the one in the car died by his action which he intended for the sake of doing good. Okay.
The Shaykh : Yes, if a person is obligated to perform the expiation of fasting two consecutive months, then fasting the obligatory fast does not suffice for the expiation. Therefore, if a person vows to fast a month and then fasts Ramadan, does that suffice for him...? The answer is no. Likewise, Ramadan does not suffice for the expiation. It is necessary that he fast an independent, standalone month. But I ask the brother: when does the expiation become fasting two consecutive months?
The questioner : If it precedes killing or...
The Shaykh : In killing, and others?
The questioner : Ah
The Shaykh : No, it is forbidden for us to speak. Here, rest. Intercourse during the day in Ramadan for whom fasting is obligatory, for whom fasting is obligatory, okay, three?
The questioner : In zihar.
The Shaykh : In zihar, okay, rest. In something else? In the expiation for killing, if a person kills someone by mistake, the expiation becomes obligatory upon him, even if it was by mistake, by the saying of Allah the Exalted
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
وما كان لمؤمن أن يقتل مؤمنا إلا خطأ ومن قتل مؤمنا خطأ فتحرير رقبة مؤمنة ودية مسلمة إلى أهلهAnd 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
فمن لم يجد فصيام شهرين متتابعين توبة من اللهSuppose a mother rolls over her child while she is sleeping and kills him; does she owe an expiation? The answer is, she does not owe an expiation. She owes an expiation because she killed him by mistake. Okay, and if this mother woke up and found her child dead, but she had not rolled over him, does she owe the expiation? The answer is no, because it is possible that he died by the will of Allah Mighty and Majestic, not by her action.
Okay, suppose a man drove the car in a normal manner, normal driving, then he saw a hole and turned the car away from the hole, so the car overturned onto a person standing on the sidewalk and he died, and one of its passengers also ended up under the car and died. Now two men have died. Does the driver owe an expiation? Two expiations or one expiation?
The student: ...
The Shaykh : No, okay, so we now have three opinions: one that it is two expiations, one that he owes nothing, and one that it is a single expiation. What is the argument of the one who says it is two expiations?
The student: ...
The Shaykh : Okay, good. What is your evidence that he owes nothing?
The student: He is the driver of the car, right...
The Shaykh : Yes, okay, yes, meaning, so he is doing good, and there is no path upon the doers of good. Okay, this is what is the argument of the one who says it is one?
The student: ... the danger before him from the hole... whereas this one was a mistaken killing, and this one was not...?
The Shaykh : Perfect, this is a jurist, this is the correct one. Meaning, he owes the expiation and the blood money for the one on the sidewalk, because this killing was not for the benefit of the killed one, is that so? But for the one who died while riding, he owes nothing from him, neither blood money nor expiation, because he acted for his benefit. And when he turned the car out of fear of the danger, he acted for the benefit of the passenger, so by that he is a doer of good. And Allah the Exalted said