I have been afflicted in this life by causing an accident that resulted in my son being run over until he died, so I had no choice but patience and seeking reward from Allah. My question is:
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The questioner : Noble Shaykh, I have been afflicted in this life by causing an accident that resulted in my son being run over until he died, so I had no choice but patience and seeking reward from Allah. The question is: Is the expiation waived because he is my son, or is it not waived?
The Shaykh : Yes. First, we must know that merely running over a child does not necessarily incur an expiation or blood money, because there may be negligence on the part of the one who was run over. For example, if a person is walking on the road in a normal manner, and a person throws himself in front of the car in a way that prevents the driver from stopping it, and he dies, is the car owner liable or not? There are two opinions on this. Do you understand the question? Fine. This man is walking according to the rules, meaning he has not exceeded the limit. While he is walking in the usual manner, a man throws himself in front of the car in a way that prevents the driver from stopping the car, and he dies. Is the car owner liable or not? The answer is no, he is not liable, because the one who killed himself is the one who threw himself. I have no power over that. Okay, another example: A man is walking on a road, and while he is walking in the usual manner, there is a hole in front of him, a hole in front of him with no signs. He swerves the car away from it with a reasonable deviation, and the car overturns. One of the passengers dies, and the car overturns onto a person on the sidewalk, and the person on the sidewalk dies. Now two people have died. Is the driver liable for both or not? Yes, do you understand the question? Now, shall we leave this for the fiqh questions that will be asked of you tomorrow, if Allah wills, and not answer it now?
The student: Now
The Shaykh : Okay, we say he is liable for the one he killed on the sidewalk, but not liable for the one who died from the car overturning. Why? Because the one who died from the car overturning died due to the driver's action for his benefit, for the benefit of the one who died. What was the intention behind his deviation from the hole? Was it to do good or to do harm? It was undoubtedly to do good. And Allah the Exalted said:[At-Tawbah 9:91] So it was an action taken for the benefit of the one who died. And if he acted for his benefit and he died thereby in this specific case and similar cases, there is no liability on him. As for the one on the sidewalk, did he benefit from this driver's action? No, but he killed him by mistake, not intentionally. Killing by mistake obligates blood money and expiation. For this reason, I say it is recommended for a person, when asked about an incident that resulted in death, to be precise in the question so that the mufti does not answer him with a ruling contrary to the Shari'ah based on his description of the case. The question now
The questioner : I have been afflicted in this life by causing an accident that resulted in my son being run over until he died, so I had no choice but patience and seeking reward from Allah. Is the expiation waived because he is my son, or is it not waived?
The Shaykh : Okay, running over can now be applied to what we mentioned. If the son was the one who threw himself in front of the car while his father was walking in a normal manner and was unable to stop the car, is there liability on his father? No, there is no liability and no expiation. If this was due to the father's action, then he owes blood money and expiation. It is known that blood money for accidental killing is on the 'aqilah, but for whom? It is for the mother or the heirs. It might be for the mother and others, for the mother and his brothers if he has brothers, or for his uncles or his cousins. As for the expiation, it is obligatory on him, and it is fasting for two consecutive months. If he cannot? If he cannot, then he owes nothing, absolutely nothing. This is because Allah said regarding blood money:[An-Nisa 4:92] Did Allah mention feeding? He did not mention it. But in the expiation for zihar, He mentioned it and said: [Al-Mujadila 58:4] As for the expiation for killing, He did not mention anything in it except fasting. And based on this, we say to the one who kills by mistake: If you are able to fast, then fast; otherwise, there is nothing on you.
The Shaykh : Yes. First, we must know that merely running over a child does not necessarily incur an expiation or blood money, because there may be negligence on the part of the one who was run over. For example, if a person is walking on the road in a normal manner, and a person throws himself in front of the car in a way that prevents the driver from stopping it, and he dies, is the car owner liable or not? There are two opinions on this. Do you understand the question? Fine. This man is walking according to the rules, meaning he has not exceeded the limit. While he is walking in the usual manner, a man throws himself in front of the car in a way that prevents the driver from stopping the car, and he dies. Is the car owner liable or not? The answer is no, he is not liable, because the one who killed himself is the one who threw himself. I have no power over that. Okay, another example: A man is walking on a road, and while he is walking in the usual manner, there is a hole in front of him, a hole in front of him with no signs. He swerves the car away from it with a reasonable deviation, and the car overturns. One of the passengers dies, and the car overturns onto a person on the sidewalk, and the person on the sidewalk dies. Now two people have died. Is the driver liable for both or not? Yes, do you understand the question? Now, shall we leave this for the fiqh questions that will be asked of you tomorrow, if Allah wills, and not answer it now?
The student: Now
The Shaykh : Okay, we say he is liable for the one he killed on the sidewalk, but not liable for the one who died from the car overturning. Why? Because the one who died from the car overturning died due to the driver's action for his benefit, for the benefit of the one who died. What was the intention behind his deviation from the hole? Was it to do good or to do harm? It was undoubtedly to do good. And Allah the Exalted said:
There is not upon the doers of good any cause [for blame]
ما على المحسنين من سبيلThe questioner : I have been afflicted in this life by causing an accident that resulted in my son being run over until he died, so I had no choice but patience and seeking reward from Allah. Is the expiation waived because he is my son, or is it not waived?
The Shaykh : Okay, running over can now be applied to what we mentioned. If the son was the one who threw himself in front of the car while his father was walking in a normal manner and was unable to stop the car, is there liability on his father? No, there is no liability and no expiation. If this was due to the father's action, then he owes blood money and expiation. It is known that blood money for accidental killing is on the 'aqilah, but for whom? It is for the mother or the heirs. It might be for the mother and others, for the mother and his brothers if he has brothers, or for his uncles or his cousins. As for the expiation, it is obligatory on him, and it is fasting for two consecutive months. If he cannot? If he cannot, then he owes nothing, absolutely nothing. This is because Allah said regarding blood money: