A passenger who fell out of the car on his own: Is fasting required of the driver?
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The questioner : May Allah reward you, O honorable Shaykh. My uncle works as a taxi driver, transporting people from one town to another. On one occasion, one of the passengers threw himself out of the car window and fell to the ground. He told the person next to him, and they went back, took him, and rushed him to the hospital. He sat for a period and then died. The deceased's family paid the blood money. Does my uncle have to observe any fasting or anything else? May Allah reward you with good.
The Shaykh : Yes, this requires a detailed explanation: If the driver had asked this man to stop because he needed to urinate, defecate, or vomit, and the man refused, then the driver must expiate the sin, either by freeing a slave if he is able, or by fasting for two consecutive months. If this happened without the driver's knowledge and he was unable to stop, then he owes nothing, provided that he did not know of it; this is the first condition, and the second is that he was unable to stop. However, if he was able to stop, for example, if he saw the man trying to open the door and could have stopped the car or stopped the man in that situation, then he was negligent and he must pay the expiation.
The questioner : If he did not know? He was driving in the front, and there were approximately fifteen passengers in the back?
The Shaykh : If he did not know, then he is excused, and the deceased is the one who killed himself.
The questioner : He does not have to fast for two months?
The Shaykh : He does not have to pay an expiation, yes.
The Shaykh : Yes, this requires a detailed explanation: If the driver had asked this man to stop because he needed to urinate, defecate, or vomit, and the man refused, then the driver must expiate the sin, either by freeing a slave if he is able, or by fasting for two consecutive months. If this happened without the driver's knowledge and he was unable to stop, then he owes nothing, provided that he did not know of it; this is the first condition, and the second is that he was unable to stop. However, if he was able to stop, for example, if he saw the man trying to open the door and could have stopped the car or stopped the man in that situation, then he was negligent and he must pay the expiation.
The questioner : If he did not know? He was driving in the front, and there were approximately fifteen passengers in the back?
The Shaykh : If he did not know, then he is excused, and the deceased is the one who killed himself.
The questioner : He does not have to fast for two months?
The Shaykh : He does not have to pay an expiation, yes.