A man caused an accident in which three people died, and his financial situation is poor, and he had another accident and cannot fast, so should he borrow money to free a slave in Mauritania?
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The questioner : In the name of Allah, all praise is due to Allah, and may peace and blessings be upon the Messenger of Allah.
The Shaykh : And may peace and blessings be upon the Messenger of Allah.
The questioner : Your Eminence, the question is: A man was involved in a traffic accident in which three people died, a woman, a daughter, and a man. The same man who caused the accident, according to the report of the competent authorities, says that his financial situation is low, and he had another accident. He is now in the hospital and is unable to perform fasting. He heard that in some Islamic countries, slavery still exists. He asks if he should borrow a sum of money and use it to free a slave. If the money is available, where are the people who would free them? And what is the way to do this? What should he do? May Allah reward you.
The Shaykh : First, we must know about the accident and have it described to us, because sometimes some people think that every accident that happens is the responsibility of the one who caused it, and that is not the case. We are now issuing a ruling based on the assumption that the accident entails liability, so we say: He owes three blood money payments (diyah) to be paid by his kin (aqilah) to the guardians of the murdered. If they pardon him, there is no blame, and this blood money is dropped. That is one.
Second: He owes three expiations, and the expiation is freeing a slave. If he does not find one, then fasting for two consecutive months. Accordingly, he owes three slaves to be freed if he is able and has surplus money beyond his needs. If he does not have money, then he must fast for two consecutive months for each person. If he is unable to do so, then he owes nothing, because Allah the Exalted mentioned the expiation for killing and did not mention anything but two things only, which are freeing a slave and then fasting, and did not mention food. Regarding his saying that he will borrow or take a loan, we say: Do not borrow and do not take a loan. If the money is not available to you, the freeing of a slave is dropped from you to fasting. And if you are unable to fast, the expiation is dropped from you, by the saying of Allah the Exalted:[Al-Baqarah 2:286].
The Shaykh : And may peace and blessings be upon the Messenger of Allah.
The questioner : Your Eminence, the question is: A man was involved in a traffic accident in which three people died, a woman, a daughter, and a man. The same man who caused the accident, according to the report of the competent authorities, says that his financial situation is low, and he had another accident. He is now in the hospital and is unable to perform fasting. He heard that in some Islamic countries, slavery still exists. He asks if he should borrow a sum of money and use it to free a slave. If the money is available, where are the people who would free them? And what is the way to do this? What should he do? May Allah reward you.
The Shaykh : First, we must know about the accident and have it described to us, because sometimes some people think that every accident that happens is the responsibility of the one who caused it, and that is not the case. We are now issuing a ruling based on the assumption that the accident entails liability, so we say: He owes three blood money payments (diyah) to be paid by his kin (aqilah) to the guardians of the murdered. If they pardon him, there is no blame, and this blood money is dropped. That is one.
Second: He owes three expiations, and the expiation is freeing a slave. If he does not find one, then fasting for two consecutive months. Accordingly, he owes three slaves to be freed if he is able and has surplus money beyond his needs. If he does not have money, then he must fast for two consecutive months for each person. If he is unable to do so, then he owes nothing, because Allah the Exalted mentioned the expiation for killing and did not mention anything but two things only, which are freeing a slave and then fasting, and did not mention food. Regarding his saying that he will borrow or take a loan, we say: Do not borrow and do not take a loan. If the money is not available to you, the freeing of a slave is dropped from you to fasting. And if you are unable to fast, the expiation is dropped from you, by the saying of Allah the Exalted: