You mentioned a physical or legal excuse; it would be good if you clarified that for the listener.
Machine translationRead the Arabic original
The questioner : You mentioned a physical or legal excuse.
The questioner : Yes.
The Shaykh : It would be good if you clarified that for the listener?
The Shaykh : I mean, we said: the one who...
The questioner : for example, fasting.
The Shaykh : caused the death.
The questioner : Yes.
The Shaykh : he is obligated to fast two consecutive months.
The questioner : Yes.
The Shaykh : he does not break his fast for even one day in between except for a physical or legal excuse.
The questioner : Yes.
The Shaykh : A physical excuse is like illness; a person becomes ill and is unable to continue fasting.
The questioner : Yes.
The Shaykh : And a legal excuse is like menstruation and travel; menstruation... the one who committed the act might be a woman.
The questioner : Yes.
The Shaykh : For example, if her child is next to her and she is sleeping, and she rolls over on him and he dies, then she owes the expiation. So she is obligated to fast two consecutive months. If her menstruation comes, this menstruation does not break the consecutiveness because it is a legal excuse.
The questioner : Yes.
The Shaykh : Because physically she is able to fast, but legally she is not able to fast.
The questioner : Yes.
The Shaykh : And likewise, travel permits breaking the fast, and it is a legal excuse because the traveler is able to fast.
The questioner : Yes.
The Shaykh : And on this occasion, I also wish to say that if the incident is the cause of the death of more than one person, then it is obligatory for this person whom we obligated with the expiation according to the number of souls: if two died with him, it is obligatory for him to fast four months. But it is not required that these four months all be consecutive; rather, two consecutive months and the other two consecutive months.
The questioner : Yes.
The Shaykh : If days are placed between the two months and the two months, it does not harm, because each expiation is independent of the other.
And if it is the cause of the death of three, it is obligatory for him to fast six, and so on.
The questioner : But is there not hardship for the Muslims in this?
The Shaykh : There is hardship, but he is the one who caused himself to be in a difficult position; he is the one who killed[An-Nisa 4:92] until he said: [An-Nisa 4:92] .
The questioner : Yes.
The Shaykh : one believer. So just as the blood money is multiplied, so the expiation is multiplied.
The questioner : Yes.
The Shaykh : Yes, indeed.
The questioner : This is a message we received from the listener Abdullah...
The Shaykh : And in truth, I say to you.
The questioner : Yes.
The Shaykh : This is from the wisdom of Islam... it serves as protection for souls so that a person does not rush into killing, and so that he calculates his account. Otherwise, someone might say: even a mistake[Al-Baqarah 2:286] .
The questioner : Yes.
The Shaykh : Some people may be confused about how the expiation became obligatory with a mistake? The blood money may be said to be obligatory with a mistake because it is a right of a human being, and there is no distinction between intentional and accidental in it. But the expiation is a right for Allah, and the right of Allah is based on leniency. So why did the expiation become obligatory when the killing was accidental? We say this for the sake of exaggerating the protection of souls and not rushing.
The questioner : Yes.
The Shaykh : Yes.
The questioner : Abdullah al-Zahrani from the land of Zahran sent this message.
The questioner : Yes.
The Shaykh : It would be good if you clarified that for the listener?
The Shaykh : I mean, we said: the one who...
The questioner : for example, fasting.
The Shaykh : caused the death.
The questioner : Yes.
The Shaykh : he is obligated to fast two consecutive months.
The questioner : Yes.
The Shaykh : he does not break his fast for even one day in between except for a physical or legal excuse.
The questioner : Yes.
The Shaykh : A physical excuse is like illness; a person becomes ill and is unable to continue fasting.
The questioner : Yes.
The Shaykh : And a legal excuse is like menstruation and travel; menstruation... the one who committed the act might be a woman.
The questioner : Yes.
The Shaykh : For example, if her child is next to her and she is sleeping, and she rolls over on him and he dies, then she owes the expiation. So she is obligated to fast two consecutive months. If her menstruation comes, this menstruation does not break the consecutiveness because it is a legal excuse.
The questioner : Yes.
The Shaykh : Because physically she is able to fast, but legally she is not able to fast.
The questioner : Yes.
The Shaykh : And likewise, travel permits breaking the fast, and it is a legal excuse because the traveler is able to fast.
The questioner : Yes.
The Shaykh : And on this occasion, I also wish to say that if the incident is the cause of the death of more than one person, then it is obligatory for this person whom we obligated with the expiation according to the number of souls: if two died with him, it is obligatory for him to fast four months. But it is not required that these four months all be consecutive; rather, two consecutive months and the other two consecutive months.
The questioner : Yes.
The Shaykh : If days are placed between the two months and the two months, it does not harm, because each expiation is independent of the other.
And if it is the cause of the death of three, it is obligatory for him to fast six, and so on.
The questioner : But is there not hardship for the Muslims in this?
The Shaykh : There is hardship, but he is the one who caused himself to be in a difficult position; he is the one who killed
And whoever kills a believer by mistake - then the freeing of a believing slave and a compensation payment presented to the
وَمَنْ قَتَلَ مُؤْمِنًا خَطَأً فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ وَدِيَةٌ مُسَلَّمَةٌ إِلَى أَهْلِهِthen [instead], a fast for two months consecutively
فَمَنْ لَمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِThe questioner : Yes.
The Shaykh : one believer. So just as the blood money is multiplied, so the expiation is multiplied.
The questioner : Yes.
The Shaykh : Yes, indeed.
The questioner : This is a message we received from the listener Abdullah...
The Shaykh : And in truth, I say to you.
The questioner : Yes.
The Shaykh : This is from the wisdom of Islam... it serves as protection for souls so that a person does not rush into killing, and so that he calculates his account. Otherwise, someone might say: even a mistake
Our Lord, do not impose blame upon us if we have forgotten or erred.
رَبَّنَا لا تُؤَاخِذْنَا إِنْ نَسِينَا أَوْ أَخْطَأْنَاThe questioner : Yes.
The Shaykh : Some people may be confused about how the expiation became obligatory with a mistake? The blood money may be said to be obligatory with a mistake because it is a right of a human being, and there is no distinction between intentional and accidental in it. But the expiation is a right for Allah, and the right of Allah is based on leniency. So why did the expiation become obligatory when the killing was accidental? We say this for the sake of exaggerating the protection of souls and not rushing.
The questioner : Yes.
The Shaykh : Yes.
The questioner : Abdullah al-Zahrani from the land of Zahran sent this message.