Rulings related to accidental killing Fatwa No: 474061
- Fatwa Date:13-4-2023
Assalamu alaikum shaikhI am herbal physician .before my course I treat patient and two ladies died due to my treatment.one is my mother and second another women.2nd women husband forgive me . Now I repent will Allah forgive meI always in depression what can I do
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.
For there is no sin from which the servant repents from, and Allah the Almighty does not accept his repentance, even disbelief, which is the greatest of sins; whoever repents from it, Allah will accept his repentance. Allah The Almighty says (what means): {Say to those who have disbelieved [that] if they cease, what has previously occurred will be forgiven for them. But if they return [to hostility] - then the precedent of the former [rebellious] peoples has already taken place.} [Quran 08:38], and {Say, "O My servants who have transgressed against themselves [by sinning], do not despair of the mercy of Allah. Indeed, Allah forgives all sins. Indeed, it is He who is the Forgiving, the Merciful.} [Quran 39:53].
There is no doubt that causing the death of a person is less than disbelief in Allah Almighty, so whoever causes the death of a person and repents to Allah The Almighty with sincere repentance, then Allah Almighty accepts his repentance because He is the Most Merciful. Do not despair of the mercy of Allah Almighty, for despairing of His mercy is also a grave sin, as Ibn Masoud reported that the Prophet said: “The gravest major sins are associating partners with Allah in worship, feeling secure from Allah's plan, despairing of Allah's mercy, and losing hope in relief coming from Allah.” [At-Tabarani]
As for what to do, if you have ascertained that you caused the death of the two women, then this entails issues that we summarize as follows:
1) You must expiate murder for each of the two women, and the expiation for manslaughter is freeing a slave.
2) The expiation for murder is multiplied by the number of dead people in our view, so you fast for four months, for each woman for two consecutive months; this is the Shafi'i and Hanbali schools of Jurisprudence. It was stated in the Fiqh Encyclopedia: The number of expiations is multiplied by the number of dead persons, and the killer is one.
3) You need the blood money to be paid to the heirs of the two women, which is one hundred camels or a thousand golden dinars. The dinar is estimated at four and a quarter gram of gold. Accordingly, the amount of blood money in contemporary currencies is equal to the value of approximately 4250 grams of gold.
4) And those who are required to pay this blood money are your Aqel, and the Aqel of a person is his agnate, and they are the relatives on the father's side, the brothers and their children, the uncles and their children, and the blood money is divided among the closest to the next of kin.
5) The blood money for the accidental killing is paid in installments over a period of three years. It was mentioned in the Encyclopedia of Jurisprudence: The blood money for the error must be paid by the offender's relatives from the father's side (the men), deferred in three years, according to the agreement of the jurists.
6) And you do not inherit from your mother’s blood money . The Encyclopedia of Jurisprudence reads, “The Hanafis and the Shafi'is are of the view that accidental killing is one of the causes of deprivation of inheritance, based on the saying of the Prophet “The killer does not inherit,” because killing severs the relationship, which is the cause of inheritance, and the Malikis held that whoever kills his heir by mistake, then he inherits from the inheritance, but not from the Diyyah (blood money).
Allah knows best.