What is the ruling on one who killed a person by mistake and died before paying the expiation? Is there anything upon his heirs?
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The questioner : May Allah preserve you, O Shaykh: An accident happened to two people. We know that if the driver had lived, it would be considered intentional killing, meaning an expiation would be required, but he passed away.
The Shaykh : No, intentional killing, by mistake.
The questioner : By mistake, and he owes an expiation. This driver passed away. Is there anything upon the heirs, for example, in the estate of this deceased?
Is there anything in his estate that follows him regarding the intentional killing of the one who was riding with him?
The Shaykh : Intentional killing?
The questioner : I meant by mistake.
The Shaykh : Yes.
The questioner : Killing by mistake.
The Shaykh : He owes nothing. The one who killed a person by mistake and died owes nothing, because he was unable to perform the act. And Allah the Exalted said:[Al-Baqarah 2:286].
The Shaykh : No, intentional killing, by mistake.
The questioner : By mistake, and he owes an expiation. This driver passed away. Is there anything upon the heirs, for example, in the estate of this deceased?
Is there anything in his estate that follows him regarding the intentional killing of the one who was riding with him?
The Shaykh : Intentional killing?
The questioner : I meant by mistake.
The Shaykh : Yes.
The questioner : Killing by mistake.
The Shaykh : He owes nothing. The one who killed a person by mistake and died owes nothing, because he was unable to perform the act. And Allah the Exalted said: