Running over a man who appeared suddenly and the police deciding both are 50% at fault
Q:
I was driving on a bridge in
Riyadh
when
someone suddenly appeared in front of me. I could not evade him as he had appeared from nowhere. Unfortunately, I ran him over and he died at once.
I was not speeding and the deceased was going the wrong way. Despite that, the police laid 50% of the blame on him. There is neither might nor power except with Allah! I was sentenced to pay 70% of the Diyah (blood money), but I still want to know about the Kaffarah (expiation). Please answer me. Peace be upon you!
A:
If the reality is as you mentioned, you should make Kaffarah for involuntary manslaughter. To do this you must manumit a believing slave and if this is not available, you have to fast for two successive months, and there is nothing else that suffices you. Allah (Exalted be He) says:
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 and a compensation (blood-money, i.e. Diya) be given to the deceased’s family, unless they remit it.
(Part No. 21; Page No. 311) Up to:
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.
(Surah Al-Nisa', 4:92)May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.