Q: A captain doctor in Al-Hada Military Hospital sent the attached question, in which he said that he
was subject to a traffic accident due to a collision with another car, which led to the death of his five-month-old son.
The traffic report showed that the driver of the other car involved in the accident had priority to pass, for the doctor was passing from a side street to the main road on which the other car was passing. He said that he could not notice the other car passing by very fast - according to the traffic report - on the main road. Thus, what Allah destined took place. The man is asking your Eminence whether he has to make Kaffarah (expiation) for the death of his son in the accident. We hope your Eminence would answer the question; may Allah guide and protect you!
A:
This person has to make Kaffarah, which is freeing one believing slave; and if this is not available, he should fast for two consecutive months. This is because Allah (Exalted be He) says:
...and whosoever kills a believer by mistake, (it is ordained that) he must set free a believing slave and a compensation (blood-money, i.e. Diya) be given to the deceased’s family, unless they remit it.
Until the following Ayah (Qur'anic verse):
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 Allâh. And Allâh is Ever All-Knowing, All-Wise.
(Part No. 21; Page No. 304) Accordingly, he should exert himself to find a believing slave and set them free. If this is not available, he should fast for two consecutive months.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.