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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on Feeding the Poor as Expiation for Unintentional Killing for One Who Is Unable to Fast

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Question:
The listener (H. A. Al-Hamidi) sent a message saying: I was involved in an accident ten months ago, and a woman died as a result of that accident. The cause of the accident was shared between both parties, and the Shaykh of the court ordered us to fast for two consecutive months.

The Shaykh: Repeat.

The presenter: He says: I was involved in an accident ten months ago, and a woman died as a result of that accident. The cause of the accident was shared between both parties, and the Shaykh of the court ordered us to fast for two consecutive months. I am unable to fast; is it permissible to give charity in place of fasting because I cannot fast? And what is the amount of the charity?
Please inform us. May Allah reward you with good.

Answer:
There is no charity in killing; rather, there is an expiation: freeing a slave. If one is unable to do so, he must fast for two consecutive months. This is the obligatory duty, as Allah the Exalted said:
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] charityوَمَا كَانَ لِمُؤْمِنٍ أَنْ يَقْتُلَ مُؤْمِنًا إِلَّا خَطَأً وَمَنْ قَتَلَ مُؤْمِنًا خَطَأً فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ وَدِيَةٌ مُسَلَّمَةٌ إِلَى أَهْلِهِ إِلَّا أَنْ يَصَّدَّقُوا
[Surah An-Nisa: 92] until He, the Exalted, said:
And whoever does not find [one or cannot afford to buy one] - then [instead], a fast for two months consecutively, [seeking] acceptance of repentance from Allahفَمَنْ لَمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ تَوْبَةً مِنَ اللَّهِ
[Surah An-Nisa: 92]. So whoever kills by mistake or quasi-intentionally, he owes the expiation, which is freeing a believing slave if he has the ability. If he is unable to do that, he fasts for two consecutive months by the text of the Noble Qur'an. There is no feeding in that; feeding is in the case of declaring a woman forbidden (zihar) and in the case of intercourse during Ramadan. That is where feeding is required, or freeing a slave; if one is unable, he fasts for two consecutive months; if he is unable, he feeds sixty poor people. This is in the case of zihar with a woman and declaring her forbidden, and in the case of intercourse during Ramadan.
As for killing, there are only two expiations: freeing a slave and fasting. Freeing a slave comes first for one who is able to do so. So if one is unable, he fasts for two consecutive months, which is sixty days. There is no charity in it. We ask Allah for help for us and for you. You must fast whenever you are able to do so. Yes.

The presenter: May Allah reward you with good.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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