The decree of Allah befell a person, and an accident occurred in which he struck an elderly man with his car. The man stayed in the hospital for several days and then passed away. May Allah shower him with His vast mercy.
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The questioner : The decree of Allah befell a person, and an accident occurred in which he struck an elderly man with his car. The man stayed in the hospital for several days and then passed away. May Allah shower him with His vast mercy. It was not intentional on the part of the person, but rather the decree of Allah willed it. What is the ruling in this case? Does he have to make expiation for it, or what should he do? May Allah reward you for me and for the Muslims with good.
The Shaykh : Praise be to Allah, Lord of the worlds, and may peace and blessings be upon our Prophet Muhammad, and upon his family and all his Companions. As for what follows, the answer to this question lies in two points.
The questioner : Yes.
The Shaykh : The first point: The expression using the word "the decree of Allah willed". The decree (qadar) is the estimation of Allah (Blessed and Exalted is He), and it is one of His attributes. Nothing from the attributes of lordship, such as will and management, is attributed to the attributes of Allah the Exalted. Therefore, it is not correct to say: "The decree managed such and such for so-and-so" or "The qadar managed such and such for so-and-so," because the Manager is Allah, and the One who wills is Allah, and the qadar is the estimation of Allah.
If the attributes of Allah the Exalted are not to be worshipped, or it is not permissible to worship them, then a person should not say: "I will worship the majesty of Allah" or "I will worship the power of Allah," for they do not possess any of the lordship, such as management or the like.
Therefore, what is befitting, and indeed what is obligatory, is for a person to attribute the will to Allah (Glorified and Exalted is He).
The questioner : Yes.
The Shaykh : Just as Allah the Exalted attributed it to Himself in His Book, and just as His Prophet (peace and blessings be upon him) also attributed it to Him in his saying to the man:Musannaf Ibn Abi Shaybah 18:1391 And the verses regarding this are numerous and well-known.
The second point: The answer regarding this accident. We are unable to give a specific ruling on this particular case, as it requires detail and oral consultation. However, we say in general: If an accident occurs, it is either due to negligence on the part of the car driver or due to transgression on his part.
Negligence is leaving what is obligatory, such as if a person leaves the inspection of the car in a state where a defect is possible, and he leaves it uninspected, and then an accident occurs as a result of this negligence. In that case, he is liable for compensation because he left what was obligatory upon him.
Or it is due to transgression on his part. Transgression is doing what is not permissible, such as driving in the opposite lane, running a red light, speeding in a place where such speed is prohibited, or the like.
The important thing is that the rule is: If the person in whom the accident occurred was transgressing by doing what is not permissible, or negligent by leaving what is obligatory, then two things are obligatory upon him in this accident, if a soul was lost:
The first thing: Expiation (kaffarah), which is a right for Allah the Exalted. It is the freeing of a believing slave. If he does not find one, then fasting for two consecutive months, without breaking the fast for a single day, except for a sensory or legal excuse.
The second matter that is obligatory upon him is blood money (diyah), but his clan (aqilah) bears this for him. This is a right for the awliya (close friends of Allah) of the murdered person, who are his heirs.
The questioner : Yes.
The Shaykh : If they pardon it, it is dropped. As for the expiation, it is a right for Allah, and it is necessary even if the awliya of the murdered person pardon the blood money. The expiation does not drop because the expiation is a right for Allah, and the blood money is a right for humans. The dropping of one right does not necessitate the dropping of the other.
Also, if he does not find a slave and is unable to fast for two consecutive months, then the expiation drops from him, even though the blood money is obligatory for the awliya of the murdered person.
An example of something that is without transgression or negligence on his part is if the arm breaks, or if a tire bursts despite his having inspected it before driving, or if a person comes who faces the car in a way that the driver cannot stop the car.
The questioner : Yes.
The Shaykh : Meaning, if he comes and throws himself or throws himself into the market or the street.
The questioner : Yes.
The Shaykh : And the car was approaching, and the driver was unable to stop the car. In that case, the one who threw himself is the one who destroyed himself, so there is nothing upon this driver.
Likewise, if it is assumed that the driver faced a car and saw that the best means to escape from the one facing him was to go off the line to the right or left, and he did so and acted accordingly, and then in this action the car overturned and one of those with him died, then in this case he is not liable for him, neither with blood money nor with expiation, because in this case he is doing good. And Allah the Exalted said:[At-Tawbah 9:91].
Thus, it becomes clear that if the accident is the result of an action commanded of the driver, which he sees to be better than not doing it, then there is no liability upon him here, neither with expiation nor with blood money, because Allah says:[At-Tawbah 9:91] And because he acted in a manner that is commanded and permitted by the Shari'ah. And the people of knowledge have stated in their established rules: What results from what is permitted is not liable for compensation.
Likewise, among the things in which there is no liability is if the driver was driving and faced something in the line, such as a beast or a parked car without signs, or the like, and he did not know until he reached a point where he could not stop the car, and he swerved, and then the accident occurred from his swerving, which he saw to be closer to safety. In this case, there is no liability upon him, neither with blood money nor with expiation.
And these issues are, in fact, delicate and require verifying the point of application and knowing the matter completely.
The questioner : Yes.
The Shaykh : And a person should not be hasty in obliging people with what is not obligatory upon them, such as blood money or expiation. Rather, he should know that the original state is safety and protection, just as the original state is also liability for what is lost. These two original states are contradictory, and a student of knowledge should follow what he sees to be the most upright of these two original states, and he should fear Allah (Glorified and Exalted is He), so that he does not oblige the servants of Allah with what is not obligatory upon them, nor does he drop from the servants of Allah what is obligatory upon them.
The questioner : Yes.
The Shaykh : And Allah knows best.
The questioner : A message reached us, but before we move on from this question we asked about regarding the accident.
The Shaykh : Praise be to Allah, Lord of the worlds, and may peace and blessings be upon our Prophet Muhammad, and upon his family and all his Companions. As for what follows, the answer to this question lies in two points.
The questioner : Yes.
The Shaykh : The first point: The expression using the word "the decree of Allah willed". The decree (qadar) is the estimation of Allah (Blessed and Exalted is He), and it is one of His attributes. Nothing from the attributes of lordship, such as will and management, is attributed to the attributes of Allah the Exalted. Therefore, it is not correct to say: "The decree managed such and such for so-and-so" or "The qadar managed such and such for so-and-so," because the Manager is Allah, and the One who wills is Allah, and the qadar is the estimation of Allah.
If the attributes of Allah the Exalted are not to be worshipped, or it is not permissible to worship them, then a person should not say: "I will worship the majesty of Allah" or "I will worship the power of Allah," for they do not possess any of the lordship, such as management or the like.
Therefore, what is befitting, and indeed what is obligatory, is for a person to attribute the will to Allah (Glorified and Exalted is He).
The questioner : Yes.
The Shaykh : Just as Allah the Exalted attributed it to Himself in His Book, and just as His Prophet (peace and blessings be upon him) also attributed it to Him in his saying to the man:
But what Allah willed alone
بل ما شاء الله وحدهThe second point: The answer regarding this accident. We are unable to give a specific ruling on this particular case, as it requires detail and oral consultation. However, we say in general: If an accident occurs, it is either due to negligence on the part of the car driver or due to transgression on his part.
Negligence is leaving what is obligatory, such as if a person leaves the inspection of the car in a state where a defect is possible, and he leaves it uninspected, and then an accident occurs as a result of this negligence. In that case, he is liable for compensation because he left what was obligatory upon him.
Or it is due to transgression on his part. Transgression is doing what is not permissible, such as driving in the opposite lane, running a red light, speeding in a place where such speed is prohibited, or the like.
The important thing is that the rule is: If the person in whom the accident occurred was transgressing by doing what is not permissible, or negligent by leaving what is obligatory, then two things are obligatory upon him in this accident, if a soul was lost:
The first thing: Expiation (kaffarah), which is a right for Allah the Exalted. It is the freeing of a believing slave. If he does not find one, then fasting for two consecutive months, without breaking the fast for a single day, except for a sensory or legal excuse.
The second matter that is obligatory upon him is blood money (diyah), but his clan (aqilah) bears this for him. This is a right for the awliya (close friends of Allah) of the murdered person, who are his heirs.
The questioner : Yes.
The Shaykh : If they pardon it, it is dropped. As for the expiation, it is a right for Allah, and it is necessary even if the awliya of the murdered person pardon the blood money. The expiation does not drop because the expiation is a right for Allah, and the blood money is a right for humans. The dropping of one right does not necessitate the dropping of the other.
Also, if he does not find a slave and is unable to fast for two consecutive months, then the expiation drops from him, even though the blood money is obligatory for the awliya of the murdered person.
An example of something that is without transgression or negligence on his part is if the arm breaks, or if a tire bursts despite his having inspected it before driving, or if a person comes who faces the car in a way that the driver cannot stop the car.
The questioner : Yes.
The Shaykh : Meaning, if he comes and throws himself or throws himself into the market or the street.
The questioner : Yes.
The Shaykh : And the car was approaching, and the driver was unable to stop the car. In that case, the one who threw himself is the one who destroyed himself, so there is nothing upon this driver.
Likewise, if it is assumed that the driver faced a car and saw that the best means to escape from the one facing him was to go off the line to the right or left, and he did so and acted accordingly, and then in this action the car overturned and one of those with him died, then in this case he is not liable for him, neither with blood money nor with expiation, because in this case he is doing good. And Allah the Exalted said:
There is not upon the doers of good any cause [for blame]
مَا عَلَى الْمُحْسِنِينَ مِنْ سَبِيلٍThus, it becomes clear that if the accident is the result of an action commanded of the driver, which he sees to be better than not doing it, then there is no liability upon him here, neither with expiation nor with blood money, because Allah says:
There is not upon the doers of good any cause [for blame]
مَا عَلَى الْمُحْسِنِينَ مِنْ سَبِيلٍLikewise, among the things in which there is no liability is if the driver was driving and faced something in the line, such as a beast or a parked car without signs, or the like, and he did not know until he reached a point where he could not stop the car, and he swerved, and then the accident occurred from his swerving, which he saw to be closer to safety. In this case, there is no liability upon him, neither with blood money nor with expiation.
And these issues are, in fact, delicate and require verifying the point of application and knowing the matter completely.
The questioner : Yes.
The Shaykh : And a person should not be hasty in obliging people with what is not obligatory upon them, such as blood money or expiation. Rather, he should know that the original state is safety and protection, just as the original state is also liability for what is lost. These two original states are contradictory, and a student of knowledge should follow what he sees to be the most upright of these two original states, and he should fear Allah (Glorified and Exalted is He), so that he does not oblige the servants of Allah with what is not obligatory upon them, nor does he drop from the servants of Allah what is obligatory upon them.
The questioner : Yes.
The Shaykh : And Allah knows best.
The questioner : A message reached us, but before we move on from this question we asked about regarding the accident.