Clarifying the ruling on killing in cases where the victim was the cause, and the Shaykh’s mention of the car accident that happened to him which resulted in the death of a child
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The Shaykh : An example came to my mind today, I don’t know if I have mentioned it to the brothers or others. A man was driving his car, and suddenly a parachutist who was doing exercises was blown by the wind and landed in front of the car. The car was driving at a legal speed, perfectly fine. Is this accidental killing?
The student: No.
The Shaykh : Yes.
The student : This is an error on the part of the victim.
The Shaykh : Yes, here a new philosophy appears to you on the occasion of the accident that happened to Al-Albani. We never entered into these details, but, glory be to Allah, that is the decree of the Almighty, the All-Knowing. Naturally, the accident reached our beloved brothers in various countries, including some of the smartest students in Saudi Arabia. They called to check on me and my safety, and so on. Regarding the accident, may Allah reward the man with good, he showed his readiness to offer condolences, saying if there is blood money or such, and so on. So I told him, may Allah reward you with good. First, I believe that there is no blood money or expiation on me, because the matter happened like this and that. A child ran from the parallel street, meaning he ran from that street, and we did not see him when he came out from the median. A car was driving on a normal road, and we hit the brakes, and barely, just a little, he would have been saved, but by the will of Allah. The important thing is, while I was speaking on the phone with this student of knowledge, he noticed this point that I mentioned to you just now, that accidental killing is when the victim is not the cause. So he gave me an example, and then I expanded on the examples. He said, for instance, if a person parks his car by the side of the road, a regular and legal parking, and everything is fine, and when he comes to walk away, a boy clings to the back of the car and it moves off. When he reaches a place, he hits the brakes, and the one who was clinging falls, meaning his head bursts open and he dies. Would this driver be considered an accidental killer? The answer is no. I also thought of another image. He is driving on this road, and some people are walking on the sidewalk. If two people, either intentionally or in play, are fighting, and one pushes his companion under the wheel, what did this driver do? This is not accidental killing. Who is the accidental killer here? The one who pushed the man, and so on. So the matter has these precise details.
The student: No.
The Shaykh : Yes.
The student : This is an error on the part of the victim.
The Shaykh : Yes, here a new philosophy appears to you on the occasion of the accident that happened to Al-Albani. We never entered into these details, but, glory be to Allah, that is the decree of the Almighty, the All-Knowing. Naturally, the accident reached our beloved brothers in various countries, including some of the smartest students in Saudi Arabia. They called to check on me and my safety, and so on. Regarding the accident, may Allah reward the man with good, he showed his readiness to offer condolences, saying if there is blood money or such, and so on. So I told him, may Allah reward you with good. First, I believe that there is no blood money or expiation on me, because the matter happened like this and that. A child ran from the parallel street, meaning he ran from that street, and we did not see him when he came out from the median. A car was driving on a normal road, and we hit the brakes, and barely, just a little, he would have been saved, but by the will of Allah. The important thing is, while I was speaking on the phone with this student of knowledge, he noticed this point that I mentioned to you just now, that accidental killing is when the victim is not the cause. So he gave me an example, and then I expanded on the examples. He said, for instance, if a person parks his car by the side of the road, a regular and legal parking, and everything is fine, and when he comes to walk away, a boy clings to the back of the car and it moves off. When he reaches a place, he hits the brakes, and the one who was clinging falls, meaning his head bursts open and he dies. Would this driver be considered an accidental killer? The answer is no. I also thought of another image. He is driving on this road, and some people are walking on the sidewalk. If two people, either intentionally or in play, are fighting, and one pushes his companion under the wheel, what did this driver do? This is not accidental killing. Who is the accidental killer here? The one who pushed the man, and so on. So the matter has these precise details.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
