What is required of one who kills his son by mistake
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This is a letter we received from the questioner (Ali . A. M.) from al-Zulfi. He says in his letter: A man went to his farm one day with his two sons. When they arrived at the farm, he told them: “Get out of the car and move away.” They got out, and one of them moved away, but the other did not. The father thought they had all moved away from the car, so he reversed it and ran over the one who had not moved away, without knowing it, and the boy died. He was about six years old. The question is: Is it obligatory for both his father and his mother to pay the expiation, or is it obligatory only for the father? And what is the expiation? May Allah reward you.
Answer: The obligatory thing in this case is the blood money and the expiation. The father owes the blood money to the mother and the brothers, as for the father, he does not ... from it unless they forgive him. If the mother and the brothers forgive him, there is no harm. He also has to pay an expiation, which is freeing a male or female slave, meaning: freeing a believing male slave or a believing female slave. This is found in some parts of Africa, such as Mauritania, where slaves are sold for a reasonable price. If he is unable to do so, it is obligatory for him to fast for two consecutive months. He fasts for two consecutive months as Allah the Exalted has commanded; because this is called killing by mistake, not intentional killing, and killing by mistake requires an expiation and blood money. Yes.
The presenter: Is the blood money for the mother and the brothers?
The Shaykh: For the mother and the brothers, if he has brothers, yes.
The presenter: As for the mother, in this case, nothing is required of her; because ...?
The Shaykh: ... The driver is the killer, the killer is the father.
The presenter: May Allah reward you with good and bless you. And regarding the expiation, there is no feeding of the poor, because many people ...?
The Shaykh: There is no feeding in it, there is only ... either freeing a slave if able, and if unable, then fasting. Yes.
The presenter: May Allah reward you with good.
Answer: The obligatory thing in this case is the blood money and the expiation. The father owes the blood money to the mother and the brothers, as for the father, he does not ... from it unless they forgive him. If the mother and the brothers forgive him, there is no harm. He also has to pay an expiation, which is freeing a male or female slave, meaning: freeing a believing male slave or a believing female slave. This is found in some parts of Africa, such as Mauritania, where slaves are sold for a reasonable price. If he is unable to do so, it is obligatory for him to fast for two consecutive months. He fasts for two consecutive months as Allah the Exalted has commanded; because this is called killing by mistake, not intentional killing, and killing by mistake requires an expiation and blood money. Yes.
The presenter: Is the blood money for the mother and the brothers?
The Shaykh: For the mother and the brothers, if he has brothers, yes.
The presenter: As for the mother, in this case, nothing is required of her; because ...?
The Shaykh: ... The driver is the killer, the killer is the father.
The presenter: May Allah reward you with good and bless you. And regarding the expiation, there is no feeding of the poor, because many people ...?
The Shaykh: There is no feeding in it, there is only ... either freeing a slave if able, and if unable, then fasting. 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.