If the Diyah is Remitted, is it Necessary to Make Atonement?
الفئة: Islamic Rulings

If the Diyah is Remitted, is it Necessary to Make Atonement?


Question :

If a driver accidentally killed a man and the family of the victim forgave him the Diyah, is it necessary for him to fast for two months or less, because he is weak and he did not intend to harm this deceased person, or is he pardoned from it?


Answer:

If it is confirmed that the death was accidental, it is necessary to pay the Diyah and to make atonement, even though the driver did not intend to cause harm to the person he killed.

If those with the right to the Diyah forgave him, the obligation. to pay the Diyah is lifted, but the obligation to make atonement remains. So he must fast for two consecutive months. Due to the difficulty of atoning by freeing slaves now, and if he is unable to fast for two consecutive months at the present time, but he thinks it is most likely that he will have the opportunity to fast for two consecutive months in the future, he may delay the fasting until the time when he is able to do it, so that he may perform it in the required manner. If he feels that there is no hope that he will be able to do it in the future, the obligation to do it in two consecutive months is lifted from him and he may fast for two months in any way, according to his ability; Allah, Most High says:
"Allah burdens not a person beyond his scope."

And He, Most High says:
"and has not laid upon you in religion any hardship."

And He, Most High says:
"So keep your duty to Allah and fear Him as much as you."

And the Prophet said:
"If I order you to do something, then do it as much as you can.

A matter similar to this, included in the generality of the evidences, is the obligation to pray for one who is unable to purify himself by water or dust (Tayammum) and the obligation upon the Mukallaf while leaving those of its pillars which he is unable to perform; this and other such examples are included in the generality of the evidences for the lifting of sin and the flexibility of the Islamic Law.


Source:
The Permanent Committee
Fatawa Islamiyah, Vol. 6 Pages 184-185-186

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الفئة: Islamic Rulings
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