If one kills by mistake, the blood money and expiation remain in his debt until he is able to pay them
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the honorable brother, the esteemed judge of the Barak Court—may Allah keep him safe.
Peace be upon you, and Allah’s mercy and blessings, and after that:
I refer to your letter number 1058, dated 16/9/1407 AH, and its attachments regarding the inquiry of A. I. M. concerning the collision of his cousin with his nephew, and his death as a result of the collision.
Answer: We inform you that the person who caused the child's death must perform the expiation for accidental killing, which is: freeing a believing slave. If he is unable to do so, he must fast for two consecutive months; based on the saying of Allah ﷻ:[An-Nisa 4:92] up to His saying: [al-Nisa: 92].
If he is unable to free a slave or fast, it remains in his debt until he is able to do so. If he dies while still unable to do so, it is prescribed for some of his heirs to free a slave on his behalf—if possible—or to fast on his behalf, based on the saying of the Prophet ﷺ:Sahih Muslim 1147. Agreed upon by al-Bukhari and Muslim from the hadith of 'A'ishah (may Allah be pleased with her).
May Allah guide everyone to what brings Him pleasure, and assist you in all good.
And peace be upon you and the mercy of Allah and His blessings.
The General President of the Departments of Research
Scientific, Ifta, Da'wah, and Guidance
Peace be upon you, and Allah’s mercy and blessings, and after that:
I refer to your letter number 1058, dated 16/9/1407 AH, and its attachments regarding the inquiry of A. I. M. concerning the collision of his cousin with his nephew, and his death as a result of the collision.
Answer: We inform you that the person who caused the child's death must perform the expiation for accidental killing, which is: freeing a believing slave. If he is unable to do so, he must fast for two consecutive months; based on the saying of Allah ﷻ:
And never is it for a believer to kill a believer except by mistake. And whoever kills a believer by mistake - then the freeing of a believing slave and a compensation payment presented to the deceased's family [is required] unless they give [up their right as] charity
وَمَا كَانَ لِمُؤْمِنٍ أَن يَقْتُلَ مُؤْمِنًا إِلاَّ خَطَئًا وَمَن قَتَلَ مُؤْمِنًا خَطَئًا فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ وَدِيَةٌ مُّسَلَّمَةٌ إِلَى أَهْلِهِ إِلاَّ أَن يَصَّدَّقُواْAnd whoever does not find [one or cannot afford to buy one] - then [instead], a fast for two months consecutively, [seeking] acceptance of repentance from Allah. And Allah is ever Knowing and Wise.
فَمَن لَّمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ تَوْبَةً مِّنَ اللّهِ وَكَانَ اللّهُ عَلِيمًا حَكِيمًاIf he is unable to free a slave or fast, it remains in his debt until he is able to do so. If he dies while still unable to do so, it is prescribed for some of his heirs to free a slave on his behalf—if possible—or to fast on his behalf, based on the saying of the Prophet ﷺ:
'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 وليهMay Allah guide everyone to what brings Him pleasure, and assist you in all good.
And peace be upon you and the mercy of Allah and His blessings.
The General President of the Departments of Research
Scientific, Ifta, Da'wah, and Guidance
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.