Having an accident and an already ill girl dying as a result


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Q: I am S.M.M. I was on my way from the city of (Part No. 21; Page No. 379)  Khamis Mishit to my village in Al-Far`ayn. While in the middle of the way, the traffic light was green and in front of me there was a car which I thought to be moving as the traffic light was green. Suddenly, my car crashed into the other car. After the accident, I took home my family and those who were with, then I finished traffic procedures and returned to find my young girl unwell. I took her to the hospital that night but she died on the next day (may Allah be Merciful with her) when she was four months old. I would like to inform Your Eminence that she was ill before the accident, suffering from head and body bone crispness and thus her bones were easily broken. Your Eminence, I would like to also inform you that I suffer from a psychological disease, i.e. grief and worry, and, therefore, have been taking tranquilizers from the psychological health hospital in Abha for ten years now. Is there a way out for me, Your Eminence? Can I escape fasting for two consecutive months or freeing a slave? May Allah guide Your Eminence to serve Islam and Muslims! Best regards!


A: If it is proven that your daughter died because of the accident, or because it doubled the pains she had before, which led to her death, you will be liable to the Kaffarah (expiation) of accidental killing, i.e. freeing a Muslim slave or, if not feasible, (Part No. 21; Page No. 380) fasting for two consecutive months or sixty days. However, if both are not feasible, you will remain liable to one of them until you have the ability to free a slave or fast. This is because you caused the death of your daughter as you did not make sure whether the car in front of you was actually moving or not, which led you to crash into that car.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.




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