If an accident occurs and people are killed with him, is blood money obligatory upon him?
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'Umar al-Ashqar: If a person is driving a car and it happens by divine decree that an accident occurs and some of the people with him die,
The Shaykh : Yes.
'Umar al-Ashqar: Is blood money obligatory upon him?
The Shaykh : May Allah reward you. In my opinion, one must know how the accident happened here, because I imagine that if an accident happens, there is no responsibility or accountability on the part of the car owner or its driver. So in my opinion, nothing results from that for him. For example, this question has actually been asked to me repeatedly, so I give an example: a person is walking in accordance with the rules of the road, walking perfectly, and then a person comes and hits him with his car. This person is the aggressor and the one at fault. If the accident is of this nature, then no responsibility results, of course. As is not hidden from you, we have come with a very clear picture to lift the responsibility from the driver of the car that was hit. Then this incident meets its exact opposite, which is the car that did the hitting. So that one is responsible; he is a killer by mistake. But between this picture and that, there are undoubtedly many different pictures. I am now imagining a picture that has some precision and requires some study by specialists in the traffic system. Suppose a man was driving his car at a speed that is within the rules of the road, but one of the car's tires or a tire burst. As a result of this burst, the car overturned and killed people. I cannot say in this matter that he is accountable or not accountable except after a very precise study of the accident. For example, and this is the point, the tire that burst is completely different between being sound or new and being worn out or old. This is from the normal speed, as is not hidden, I think, from one who has experienced driving a car; it is protected and bursts. This example is in the middle between this and that. So it is not permissible for us to say that blood money is absolutely obligatory or absolutely not obligatory. Rather, every accident requires a specific study, and from behind that comes the answer: is the expiation upon him or not? That is what we see, and Allah knows best. And we want, in any case, to hear what you have as well, so that the benefit is mutual.
'Umar al-Ashqar: I do not have, I mean, certainty in the matter.
The Shaykh : It is not necessary, Professor, that you have certainty in these matters. It is sufficient that you have a stronger opinion.
'Umar al-Ashqar: Or I do not have research on the matter, but the issue revolves in my mind, especially since I know that in Saudi Arabia they always guarantee the driver in that case as well.
The Shaykh : In any case?
'Umar al-Ashqar: In any case, and also the current laws, the traffic laws, guarantee him. I mean, if a natural mistake happens without a collision, without anything, and it overturns, they do not investigate; rather, they guarantee him.
The Shaykh : I think it is to make things easy for themselves and throw it on others. What do they need this investigation and precision for?
'Umar al-Ashqar: Because what made me, I mean, think about it a lot in my mind is the hadithSahih al-Bukhari 1499.
The Shaykh : Allahu Akbar. These texts are explicit, yet they do not act upon them. What about the others? The dumb beast that is driven; they do not distinguish. The accident happens and the matter is over, whereas this is contrary to Islamic jurisprudence.
The Shaykh : Yes.
'Umar al-Ashqar: Is blood money obligatory upon him?
The Shaykh : May Allah reward you. In my opinion, one must know how the accident happened here, because I imagine that if an accident happens, there is no responsibility or accountability on the part of the car owner or its driver. So in my opinion, nothing results from that for him. For example, this question has actually been asked to me repeatedly, so I give an example: a person is walking in accordance with the rules of the road, walking perfectly, and then a person comes and hits him with his car. This person is the aggressor and the one at fault. If the accident is of this nature, then no responsibility results, of course. As is not hidden from you, we have come with a very clear picture to lift the responsibility from the driver of the car that was hit. Then this incident meets its exact opposite, which is the car that did the hitting. So that one is responsible; he is a killer by mistake. But between this picture and that, there are undoubtedly many different pictures. I am now imagining a picture that has some precision and requires some study by specialists in the traffic system. Suppose a man was driving his car at a speed that is within the rules of the road, but one of the car's tires or a tire burst. As a result of this burst, the car overturned and killed people. I cannot say in this matter that he is accountable or not accountable except after a very precise study of the accident. For example, and this is the point, the tire that burst is completely different between being sound or new and being worn out or old. This is from the normal speed, as is not hidden, I think, from one who has experienced driving a car; it is protected and bursts. This example is in the middle between this and that. So it is not permissible for us to say that blood money is absolutely obligatory or absolutely not obligatory. Rather, every accident requires a specific study, and from behind that comes the answer: is the expiation upon him or not? That is what we see, and Allah knows best. And we want, in any case, to hear what you have as well, so that the benefit is mutual.
'Umar al-Ashqar: I do not have, I mean, certainty in the matter.
The Shaykh : It is not necessary, Professor, that you have certainty in these matters. It is sufficient that you have a stronger opinion.
'Umar al-Ashqar: Or I do not have research on the matter, but the issue revolves in my mind, especially since I know that in Saudi Arabia they always guarantee the driver in that case as well.
The Shaykh : In any case?
'Umar al-Ashqar: In any case, and also the current laws, the traffic laws, guarantee him. I mean, if a natural mistake happens without a collision, without anything, and it overturns, they do not investigate; rather, they guarantee him.
The Shaykh : I think it is to make things easy for themselves and throw it on others. What do they need this investigation and precision for?
'Umar al-Ashqar: Because what made me, I mean, think about it a lot in my mind is the hadith
There is no compensation for one killed or wounded by an animal or by falling in a well
العجماء جبار والبئر جبارThe Shaykh : Allahu Akbar. These texts are explicit, yet they do not act upon them. What about the others? The dumb beast that is driven; they do not distinguish. The accident happens and the matter is over, whereas this is contrary to Islamic jurisprudence.
Source
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