QA 462

2 Question 462

Assalaam alaykum warahmotullAahi wabarakaatuhu
Please, what is the law abiding someone who killed person mistakenly in an accident but the desist (the person killed) is the cause of his death like he drinks alcohol while drivering

Answers

This is known as qatil khatha (mistaking killing).lf the killed person is a muslim, the killer will pay diyah and free a slave and if does not see slave,he fast for two months and pay diyah (ransom for killing).Allah says:

وَمَا كَانَ لِمُؤْمِنٍ أَنْ يَقْتُلَ مُؤْمِنًا إِلَّا خَطَأً ۚ وَمَنْ قَتَلَ مُؤْمِنًا خَطَأً فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ وَدِيَةٌ مُسَلَّمَةٌ إِلَىٰ أَهْلِهِ إِلَّا أَنْ يَصَّدَّقُوا ۚ فَإِنْ كَانَ مِنْ قَوْمٍ عَدُوٍّ لَكُمْ وَهُوَ مُؤْمِنٌ فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ ۖ وَإِنْ كَانَ مِنْ قَوْمٍ بَيْنَكُمْ وَبَيْنَهُمْ مِيثَاقٌ فَدِيَةٌ مُسَلَّمَةٌ إِلَىٰ أَهْلِهِ وَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ ۖ فَمَنْ لَمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ تَوْبَةً مِنَ اللَّهِ ۗ وَكَانَ اللَّهُ عَلِيمًا حَكِيمًا

(Sahih International)

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. But if the deceased was from a people at war with you and he was a believer - then [only] the freeing of a believing slave; 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. 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 . And Allah is ever Knowing and Wise.

-Sura An-Nisa', Ayah 92

Answered by Ustadh Mos'ud Alagbala, Hafidhohulloh




If the Accident was caused by the diseased and the driver tried all means to avoid it but to no avail, then the driver has no blame, so he is exempted from expiation and diya.
But if he could avoid it and didn't do or it us clear that he was at fault, then he has to offer the expiation

Answered by Ustadh Jaleel Aromire, Abu AbdisSalam, Hafidhohulloh


We have combined two things together at a time:
Killing someone mistakenly.
And causing a death himself.
A person who accidentally kills another person has to do two things:
First: Pay Ad-Diyah which is blood-money (compensation) to be given to the family of the deceased. But if they forgive the killer then the compensation is dropped as in your case. The blood-money is valued at 1,000 coins of gold, or 12,000 coins of silver, or the equivalent of this in notes or 100 camels.
Secondly: An expiation is due when killing accidentally, if the killer is able to do so. The order of the expiation is as follows:
1  1) To free a believing slave.
2  2) If the killer is unable to free a believing slave, then he has to fast for two consecutive months. Allah says in suratun Nisaa verse 92: "

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. But if the deceased was from a people at war with you and he was a believer - then [only] the freeing of a believing slave; 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. 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 . And Allah is ever Knowing and Wise ".

But if a person is the cause of his death that should be one ways of ways of committing suicide. In this case there is nothing on the second person. Allah knows best!

Answered by Ustaadh Tanimola, Abu Haneefah, Hafidhohulloh