He Caused the Deaths of Two Persons

Question :

We were involved in an accident with another car which resulted in the death of two people. According to thevTraffic Police, I was 35% to blame for the accident and the (other) driver was 65% to blame. The family of one of those who died waived their rights upon us, while the second family required us to pay the Diyah. It was paid and the Judge ruled that we must fast for two consecutive months as atonement for it. But I asked one of the scholars about it and he informed me that I must fast for four months. I request you to advise me what I should really do. And must the fast which I have to perform be consecutive or otherwise? And is the percentage to which I was to blame relevant to the fasting or not?

Answer:

If the circumstances are as described, that you were partly responsible for causing the deaths of two persons, then you must make the atonement for an accidental killing for each of them. That is to free a believing slave; if you do not find one, then you must fast two consecutive months and nothing less than this will be sufficient for you, according to the Words of Allah, Most High:
"It is not for a believer to kill a believer except (that it be) by mistake; and whosoever kills a believer by mistake, (it is ordained that) he must set free a believing slave."

Up to the Words of Him, Most Glorified:
And whose finds this (the penance of freeing a slave) beyond his means, he must fast for two consecutive months in order to seek repentance from Allah. And Allah is Ever All-Knowing, All- Wise."

And the share of others in causing the deaths has no effect upon the obligation of each person being responsible to atone in full. There is no objection to you taking a break after fasting the two consecutive months as one atonement, then to begin the two month fast as atonement for the other.

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