Kaffarah for someone who caused an accident while young

Q: One of my relatives had an accident, causing the death of eight people; five men and three women. It was his mistake as he crossed from his lane and hit another car where this family was, causing their death. The victims' Diyah (blood money) was paid and what is left is Allah's right. The person who caused the accident is still young and he is not a good driver. I have tried to make him observe Sawm (Fast) as a Kaffarah (expiation), but many victims are involved in the accident. I, thus, liked to refer this case to you, for he requested me to ask you.


A: If the person specified was pubescent and sane at the time of committing the accident, then he has to make Kaffarah (Part No. 21; Page No. 334) for every victim, which is freeing a believing slave. If he finds this beyond his means, he has to observe Sawm for two consecutive months. On the other hand, if he had not reached puberty at the time of the accident, then he does not have to make Kaffarah according to the most correct opinions of scholars. This is because the Prophet (peace be upon him) said: There are three (persons) whose actions are not recorded: a boy until he reaches puberty, an insane person until he recovers his mind, and a sleeping person until he awakes. A boy is said to have reached puberty when he completes fifteen years of age, has pubic hair around the frontal genital area, or discharges Maniy (spermatic fluid) out of desire. A girl reaches puberty when one of the three elements takes place in addition to a fourth element, which is menstruation.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.


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