Traveling with the car and having a puncture which led to an accident and the death of the son

Q: On Thursday, 17 Muharram, 1416 AH, I was traveling with my fifteen-year-old son. It was destined for us to have a car accident when one of the two rear tires was damaged, which made the car deviate from the road and hit a rock on the side of the road. My son died as a result. In fact, I was driving at high speed and I was aware that the rear tire was somewhat loose, but I traveled more than once with the car in such a state. Your Eminence, I would like to ask about the following:Firstly: What is the Kaffarah (expiation) that I am required to offer since I caused the death of my son?Secondly: Was my son obligated to perform Hajj? How would it be performed on his behalf?


A: If the reality is as you have mentioned, you will have to offer Kaffarah for involuntary manslaughter, because of your negligence which led to the accident. This Kaffarah is freeing a believing slave. If you find this beyond your means, you must observe Sawm (Fast) for two consecutive months.Regarding Hajj, your son was not obligated to perform Hajj unless he had money (Part No. 21; Page No. 414) that could enable him to perform it before his death. In this case, someone else can perform Hajj on your son's behalf with his money. If he can not afford Hajj, he is not obliged to perform it. However, there is no harm if someone offers to perform Hajj on his behalf.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.


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