What is the ruling in the Shari'ah regarding one who kills his son by mistake, and he is suffering from diabetes and unable to fast?
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The questioner : Peace be upon you and Allah’s mercy.
His EminenceThe Shaykh : An elderly man ran over his son, so what are the rulings that apply to him, given that he is suffering from diabetes?
The Shaykh : But it was a mistake, not intentional?
The questioner : Yes.
The Shaykh : If a man kills his son by mistake, he is like any other person, meaning: it is obligatory for him to expiate by freeing a slave, and if he does not find one, then by fasting two consecutive months, and if he is unable to do so, then he owes nothing. As for the blood money, it belongs to the heirs who are other than the father, for example: if he has brothers and a mother, and no sons, the blood money goes to his mother and his brothers.
The questioner : Is the father obligated to pay the blood money?
The Shaykh : Yes, the father is obligated to pay it, unless the heirs permit him not to, because it is a right of the heirs; if they permit it, there is no harm.
The questioner : And there is no expiation on him, O Shaykh?
The Shaykh : We mentioned that the expiation is upon him.
The questioner : Feeding?
The Shaykh : There is no feeding in it; the expiation for killing has nothing in it except freeing a slave or fasting.
His EminenceThe Shaykh : An elderly man ran over his son, so what are the rulings that apply to him, given that he is suffering from diabetes?
The Shaykh : But it was a mistake, not intentional?
The questioner : Yes.
The Shaykh : If a man kills his son by mistake, he is like any other person, meaning: it is obligatory for him to expiate by freeing a slave, and if he does not find one, then by fasting two consecutive months, and if he is unable to do so, then he owes nothing. As for the blood money, it belongs to the heirs who are other than the father, for example: if he has brothers and a mother, and no sons, the blood money goes to his mother and his brothers.
The questioner : Is the father obligated to pay the blood money?
The Shaykh : Yes, the father is obligated to pay it, unless the heirs permit him not to, because it is a right of the heirs; if they permit it, there is no harm.
The questioner : And there is no expiation on him, O Shaykh?
The Shaykh : We mentioned that the expiation is upon him.
The questioner : Feeding?
The Shaykh : There is no feeding in it; the expiation for killing has nothing in it except freeing a slave or fasting.