What is required in the case of accidental killing
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Question: The honorable Shaykh / Abdul Aziz ibn Abdullah ibn Baz (may Allah preserve him).
Peace be upon you, and Allah’s mercy and blessings, and after that:
We ask your Eminence to answer this issue—may Allah guide you:
A woman killed her daughter, and she died while being poor, and she bequeathed to her daughter that she should expiate for her—if Allah enables her—and the one to whom the bequest was made died without expiating, because she was poor, and she bequeathed to her daughter that she should expiate for her—if Allah enables her.
And this last one asks: Is anything required of her? Knowing that there is no one among the heirs of the killed woman, and her mother and grandmother left nothing of the estate, and she does not know whether the killing was intentional or accidental? But it appears to be accidental, and the questioner is poor—may Allah guide you. And peace be upon you and Allah’s mercy and blessings.
Answer: And upon you be peace, and Allah’s mercy and blessings, after that:
It is recommended for the aforementioned daughter to fast for her grandmother for two months, if the predominant probability is that the killing was accidental and not intentional; due to the saying of the Prophet (peace and blessings be upon him):Sahih Muslim 1147 agreed upon by al-Bukhari and Muslim, and it is established from him (peace be upon him) that a woman said to him: O Messenger of Allah, my mother died and she had a fast of Ramadan upon her, should I fast on her behalf? He said: narrated by Ahmad with a good chain.
If fasting is not feasible for her, she should feed sixty poor people, each poor person half a sa' (a dry measure of about 3 kg) of the local staple food, such as dates, or otherwise, and this is regarding the deceased.
As for the living killer, freeing a slave is the only thing that suffices for him; if he cannot do so, he must fast for two consecutive months, and feeding does not suffice for him.
Peace be upon you, and Allah’s mercy and blessings, and after that:
We ask your Eminence to answer this issue—may Allah guide you:
A woman killed her daughter, and she died while being poor, and she bequeathed to her daughter that she should expiate for her—if Allah enables her—and the one to whom the bequest was made died without expiating, because she was poor, and she bequeathed to her daughter that she should expiate for her—if Allah enables her.
And this last one asks: Is anything required of her? Knowing that there is no one among the heirs of the killed woman, and her mother and grandmother left nothing of the estate, and she does not know whether the killing was intentional or accidental? But it appears to be accidental, and the questioner is poor—may Allah guide you. And peace be upon you and Allah’s mercy and blessings.
Answer: And upon you be peace, and Allah’s mercy and blessings, after that:
It is recommended for the aforementioned daughter to fast for her grandmother for two months, if the predominant probability is that the killing was accidental and not intentional; due to the saying of the Prophet (peace and blessings be upon him):
'A'isha (Allah be pleased with her) reported Allah's Messenger (ﷺ) as saying: If anyone dies in a state (that he had to complete) some fasts, his heir must fast on his behalf.
من مات وعليه صيام صام عنه وليهFast on behalf of your mother.
صومي عن أمكIf fasting is not feasible for her, she should feed sixty poor people, each poor person half a sa' (a dry measure of about 3 kg) of the local staple food, such as dates, or otherwise, and this is regarding the deceased.
As for the living killer, freeing a slave is the only thing that suffices for him; if he cannot do so, he must fast for two consecutive months, and feeding does not suffice for him.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
