Is blood money obligatory for the deceased employee—the warehouse keeper—who drove a car requiring a driver's license that he did not possess, based on his supervisor's order, and the car overturned with him, and upon whom is this blood money due?
The fundamental principle is that no one is liable if an adult, sane employee drives a car, understanding its difference from others, and willingly accepts to drive it. However, if his superior compels him to do so, then blood money (Diyyah) becomes obligatory on the superior. This is supported by the statement from Zad al-Mustaqni' (Provisions for the Contented): "Whoever orders a legally competent person to descend into a well or ascend a tree, and he perishes thereby, is not liable for him." Therefore, the default is that blood money for the aforementioned driver is not obligatory on his superior or anyone else, unless his superior compelled him, in which case blood money becomes obligatory on the superior.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 150252
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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