Whoever is Obliged to Pay the Diyah Due to Accidental Killing is Obliged to Atone For it

Question :

I was involved in a car accident. As a result of that, two men in the other car died and I suffered a slight fracture of the palate. My brother suffered a spinal fracture. The Court ruled that the fault was divided between myself and (the driver of) the other car at a ratio of 3 to 4, and I paid a hundred and fifty thousand Riyals as a Diyah for the two men. So I am asking Your Eminence, the Shaikh: Is there any fasting incumbent upon me? And is the fasting two months or four months?

Answer:

Let me take this opportunity to say that it is incumbent upon those who are driving cars - especially on long trips to fear Allah, the Almighty, the All-Powerful. They must know that they are carrying lives which are sacred. They must fear Allah and drive their cars carefully and wisely and in a suitable manner. It is unlawful for anyone who is not good at driving or cannot drive due to sleep or some defect in the car to drive that car on such roads as these, and in these circum- stances. This is dangerous to himself and to other Muslims. How many innocent lives have been lost on these roads because of the recklessness and carelessness of the drivers in this matter?

As for what the questioner asked, regarding him being in an accident in which deaths occurred and him being required to pay a Diyah for the two who died in accordance with the legal verdict of the Judge - he must make atonement. Because if he is required to pay the Diyah, he is required to make atonement, even if the fault was shared by him and others. Then, it is necessary for all of those responsible to atone, 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 His Words:
"And whoso 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."

So it is incumbent upon you to atone for every person killed in this accident. You mentioned that two people died, so you must make atonement twice. The atonement is to free a slave, or, if you do not find one, then to fast for two consecutive months for each slave so you must make atonement twice, either by freeing two slaves or by fasting for two months consecutively for each person killed.

It is not sufficient to make one atonement for both people; you must fast for two consecutive months for one person, then fast two more consecutive months for the other person if you are unable to free slaves. This demonstrates the importance of the Muslim's blood and protecting innocent lives.

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