Must he who caused the death of his brother as a result of a car accident fast for two months or feed 60 needy persons?
Whoever takes safety precautions and does not neglect them, is not liable for expiation nor blood money if one of his companions dies. However, if he neglects to take safety precautions, such as driving while needing sleep, or neglecting to check the tires, or violating traffic laws, then expiation and blood money become obligatory upon him. Accordingly, if someone tried to avoid another car and his car overturned and his brother died, if his action was correct, then there is nothing upon him. But if he erred in his method of avoidance, or caused the collision between the two cars, then he is deemed to have caused the killing and expiation becomes obligatory upon him.
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- 33670
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