A person was involved in an accident and died in it, and the traffic department ruled that he was 100% at fault, and other people were involved in this accident, namely a second car
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The questioner : Your Eminence, a person was involved in an accident and died in it, and the traffic department ruled that he was at fault.
The Shaykh : Who died? Him?
The questioner : Yes.
The Shaykh : The same person who died?
The questioner : The driver, and the traffic department ruled that he was 100% at fault, and other people were involved in this accident, namely a second car, and one person from among them died. The question is: Does the first man, who is at fault, owe an expiation? Is it permissible for five people to share in this expiation so that they can fulfill it quickly? Is it permissible to delay the expiation until winter?
The Shaykh : Yes, the first one, whose fault was 100% and who died, and who had also died before him, must expiate by freeing a slave. If he has wealth and a slave is found, he should buy a slave from his wealth and free him. If he does not have wealth sufficient to free a slave, or if no slave is found, then he owes nothing, because what is obligatory for him in such a case is fasting, and he was unable to do so. And Allah Blessed and Exalted is He said:[Al-Baqarah 2:286] And no one fasts on his behalf in this case, because fasting was not originally obligatory upon him, as there was no period in which he could fast.
The questioner : No one fasts on his behalf?
The Shaykh : No one fasts on his behalf, yes.
The Shaykh : Who died? Him?
The questioner : Yes.
The Shaykh : The same person who died?
The questioner : The driver, and the traffic department ruled that he was 100% at fault, and other people were involved in this accident, namely a second car, and one person from among them died. The question is: Does the first man, who is at fault, owe an expiation? Is it permissible for five people to share in this expiation so that they can fulfill it quickly? Is it permissible to delay the expiation until winter?
The Shaykh : Yes, the first one, whose fault was 100% and who died, and who had also died before him, must expiate by freeing a slave. If he has wealth and a slave is found, he should buy a slave from his wealth and free him. If he does not have wealth sufficient to free a slave, or if no slave is found, then he owes nothing, because what is obligatory for him in such a case is fasting, and he was unable to do so. And Allah Blessed and Exalted is He said:
Allah does not charge a soul except [with that within] its capacity
لا يكلّف الله نفساً إلاّ وسعهاThe questioner : No one fasts on his behalf?
The Shaykh : No one fasts on his behalf, yes.