Is expiation obligatory for a driver who caused the death of a child by running him over, knowing that the child was at fault, and the driver tried to avoid the accident and was forced to swerve his vehicle, which was carrying passengers, and insurance companies are covering the compensation for the victim's family?
If the driver was driving at a reasonable speed and strove to avoid the collision but was unable to due to the sudden appearance of the child, then he is excused and nothing is upon him. However, if he could have avoided the collision or was driving at an excessive speed, then he is liable; thus, he must offer expiation (kaffarah) and blood money (diyah) if the child dies, and blood money for the damage if the child does not die. If both the driver and the child shared in the error, then the driver must offer full expiation. The Islamic Fiqh Academy holds that traffic accidents are subject to the rulings of criminal offenses, and the driver is responsible unless the accident was the result of a force majeure, an act of the aggrieved party, or the error of another. If both the driver and the aggrieved party shared in causing the damage, then they both bear the consequences for what was damaged. The expiation for accidental killing is the freeing of a believing slave; if one cannot be found, then fasting for two consecutive months.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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