The Cause of the Accident Must be Ascertained
Question :
In a road traffic accident, my car overturned and my father, who was riding with me was killed; and one brother advised me that I must fast for two consecutive months or free a slave. Is this correct?
Answer:
The cause of the accident must be looked into, and if it was due to recklessness or negligence on the part of the driver, then he is responsible for causing the accident and he must make atonement if anyone died.
However, if the accident was not due to recklessness or negligence, then there is nothing incumbent upon him neither indemnity, nor atonement. For example, if the accident occurred due to a burst tire, by Allah's Ordainment and Decree, or, such as the car turning over while swerving around a hazard.
The important thing is to ascertain who caused the accident. If it was due to negligence or recklessness on the part of the driver, then he must pay indemnity and atone for it. But if it was not due to negligence or recklessness, there is nothing incumbent upon him. The requirement for the atonement of a killing is to free a slave, and if one is not found, he must fast for two consecutive months and there is no difference between a father and another all of them are believing souls.
Source:
Ibn 'Uthaimin
Fatawa Islamiyah, Vol. 6 Page 172
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