Is a bloodwit and expiation obligatory upon an epileptic who lost consciousness while driving, causing a death, or does he fall under the general meaning of the Hadith: "The pen has been lifted from three"?
If an epileptic person causes damage or kills while unconscious, there is no sin upon him due to the hadith, "The pen has been lifted from three." However, expiation (kaffarah) is required of him, and the blood money (diyah) is incumbent upon his 'aqilah (male relatives on the father's side), because these fall under the category of "laws of وضع (وضع)" not "laws of taklif (تكليف)". The majority of scholars from the Maliki, Shafi'i, and Hanbali schools hold that expiation is obligatory for him, contrary to the Hanafis. He is obliged to offer the expiation for unintentional killing, which is the freeing of a believing slave; if he cannot find one, then fasting for two consecutive months. As for the diyah, it is incumbent upon the 'aqilah. The epileptic person is obliged to repent for driving his car while aware of his seizures. His fast is not invalidated by losing consciousness during the fast unless it extends from dawn to sunset, and the obligation of expiation by fasting is not waived if he cannot find a slave.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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