What is the solution if a person committed a car accident that led to the accidental death of a child, and the driver offered the blood money (Diyah) to the child's family, but they refused it, and the driver is unable to free a slave (emancipate a neck) due to its unavailability, or to fast two consecutive months due to his health inability?
Accidental killing necessitates two things: a mitigated blood money (Diyyah) to be paid by the Aqilah (male relatives on the father's side), and expiation (Kaffarah), which is the freeing of a believing slave, sound from defects. If one cannot find such a slave, then fasting for two consecutive months. If it is proven that the driver accidentally killed the child, he must expiate by fasting for two consecutive months. There is a difference of opinion regarding the ruling for one who is unable to fast: the majority of scholars believe that no feeding is required from him due to its not being mentioned in the verse, while the Shafiis hold that feeding is obligatory by analogy with other expiations. The more probable view is to elaborate: one who is permanently unable to fast must feed, and one who is temporarily unable to fast should wait until he is capable of fasting, by analogy with the rulings for fasting in Ramadan.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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