What is the ruling on one who killed by mistake and fled for years?
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Question:
A person asks: Thirteen years ago, on a dark night, he and his companion felt a thud against the car. After driving a distance, they turned back and found a person dying, so they fled. This person has since passed away. Now, after thirteen years, they want to do something to expiate for this act of theirs. May Allah reward you with good for us?
Answer:
Three matters are upon them, upon the driver who was operating the car—the owner of the car who was driving it—three matters:
The first matter: repentance to Allah for what happened from him, and for the fleeing and the failure to fulfill the obligation.
The second matter: expiation by freeing a believing slave. If he is unable to do so, he fasts for two consecutive months.
The third matter: paying the blood money to the family of the deceased if he knows them. If he does not know them, he gives it as charity on their behalf. The known blood money from that time is to be paid to the poor and needy as charity on behalf of the family of the deceased if he does not know them.
These are three matters:
First: repentance to Allah, turning back to Him, seeking His forgiveness, and regretting the negligence and fleeing that passed from him.
The second point is that he must pay an expiation, which is freeing a believing slave if that is feasible for him. Slaves are sold in some parts of Africa for approximately ten thousand, and we have purchased many of them through our representative there. If he is unable to do so, he must fast for two consecutive months—sixty days—because Allah the Exalted has made this obligatory in His great Book. He, the Exalted, said:[An-Nisa 4:92] until He said: [al-Nisa: 92].
The point is that if the deceased was a Muslim, he must pay the blood money to his heirs. If the deceased was from among the disbelievers who are under safe conduct, or those between whom and us there is a covenant, or who came to our lands under safe conduct and were then killed by mistake, then you also owe the expiation along with the blood money. This is because Allah made this obligatory and said: [Al-Nisa: 92]. Thus, He made both the blood money and the freeing obligatory. His saying: [An-Nisa 4:90] encompasses those who have a covenant with us, those who are under safe conduct with us, and those who have a protected status with us. All of them are subject to the blood money, and the expiation is obligatory for their accidental killing.
If he does not know the family of the victim, he gives it as charity in the causes of righteousness and benevolence, with the intention of it being on their behalf.
A person asks: Thirteen years ago, on a dark night, he and his companion felt a thud against the car. After driving a distance, they turned back and found a person dying, so they fled. This person has since passed away. Now, after thirteen years, they want to do something to expiate for this act of theirs. May Allah reward you with good for us?
Answer:
Three matters are upon them, upon the driver who was operating the car—the owner of the car who was driving it—three matters:
The first matter: repentance to Allah for what happened from him, and for the fleeing and the failure to fulfill the obligation.
The second matter: expiation by freeing a believing slave. If he is unable to do so, he fasts for two consecutive months.
The third matter: paying the blood money to the family of the deceased if he knows them. If he does not know them, he gives it as charity on their behalf. The known blood money from that time is to be paid to the poor and needy as charity on behalf of the family of the deceased if he does not know them.
These are three matters:
First: repentance to Allah, turning back to Him, seeking His forgiveness, and regretting the negligence and fleeing that passed from him.
The second point is that he must pay an expiation, which is freeing a believing slave if that is feasible for him. Slaves are sold in some parts of Africa for approximately ten thousand, and we have purchased many of them through our representative there. If he is unable to do so, he must fast for two consecutive months—sixty days—because Allah the Exalted has made this obligatory in His great Book. He, the Exalted, said:
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
وَمَنْ قَتَلَ مُؤْمِنًا خَطَأً فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ وَدِيَةٌ مُسَلَّمَةٌ إِلَى أَهْلِهِ إِلَّا أَنْ يَصَّدَّقُواand if he was from a people with whom you have a treaty - then a compensation payment presented to his family and the freeing of a believing slave. 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 Allah
وَإِنْ كَانَ مِنْ قَوْمٍ بَيْنَكُمْ وَبَيْنَهُمْ مِيثَاقٌ فَدِيَةٌ مُسَلَّمَةٌ إِلَى أَهْلِهِ وَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ فَمَنْ لَمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ تَوْبَةً مِنَ اللَّهِThe point is that if the deceased was a Muslim, he must pay the blood money to his heirs. If the deceased was from among the disbelievers who are under safe conduct, or those between whom and us there is a covenant, or who came to our lands under safe conduct and were then killed by mistake, then you also owe the expiation along with the blood money. This is because Allah made this obligatory and said:
and if he was from a people with whom you have a treaty - then a compensation payment presented to his family and the freeing of a believing slave
وَإِنْ كَانَ مِنْ قَوْمٍ بَيْنَكُمْ وَبَيْنَهُمْ مِيثَاقٌ فَدِيَةٌ مُسَلَّمَةٌ إِلَى أَهْلِهِ وَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍbetween yourselves and whom is a treaty
بَيْنَكُمْ وَبَيْنَهُمْ مِيثَاقٌIf he does not know the family of the victim, he gives it as charity in the causes of righteousness and benevolence, with the intention of it being on their behalf.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.