Who is entitled to the blood money (diyyah) and expiation (kaffarah) in a case of accidental killing caused by a driver who hits a person who suddenly stepped off the curb and died from his injuries?
If the error in a traffic accident lies with the deceased, and the driver was adhering to driving rules, neither exceeding limits nor being negligent, then neither blood money (diyya) nor expiation (kaffara) is obligatory upon him. The responsibility in this case rests with the deceased. However, if the driver was at fault or negligent (such as speeding or being distracted by a phone), then blood money and expiation are incumbent upon him. The blood money is borne by his 'aqilah (male relatives on the father's side), and the expiation is the freeing of a believing slave; if he cannot find one, then it is fasting for two consecutive months. The responsibility for the accident falls solely on the direct driver, and it is not borne by the company or the manager.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 21028
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- . This is when the answer was added to El Fatwa, not the fatwa's date.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy