Increasing the weight of steel lifted by a crane and the load falling on a worker


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Fatwa no. 20105 There was a Hindu Indian blacksmith who worked on an industrial project. He would make use of a crane to reach the highest height of the project, to which he added an iron connection, which he manually made, to reach a higher level. On 9/7/1418, he carried zinc boards that were 8 meters long and one meter wide on the crane and ascended over them. However, I asked him to carry five more zinc boards which he accepted. While standing beside the project, I drove the crane over where the blacksmith was standing so as to put the load in place. On reaching opposite to the ceiling, the load inclined and fell from that height (Part No. 21; Page No. 387) toward the blacksmith and the boards crushed the blacksmith's head which caused his death. Please, be informed that he practiced his work using the iron connection for about one month and nothing bad happened. Moreover, I have finished all procedures with the government and representatives of his family. My question is: Am I liable to a Kaffarah (expiation) or anything else?


A: If the reality is as you have mentioned, it will be more precautionary to free you from accountability for you to offer a Kaffarah of accidental killing. In fact, the load's inclination and falling over the blacksmith was caused by a number of factors. One of the most important factors that has something to do with you is that you requested the blacksmith to carry an additional five boards. In addition, you drove the crane and perhaps you stopped it in an imbalanced place. It is also likely that the method of raising them caused the load to be shaken and imbalanced and hence fell down. Accordingly, it will be more precautionary and freeing from accountability to offer a Kaffarah of accidental killing, which is freeing a Muslim slave or, if this is not feasible, fasting for two consecutive months.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.




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