What is incumbent upon the children of a person who died in a car accident, following the traffic report which established 50% fault on their father and the other deceased driver?
First: If the error in a shared accident is estimated at 50% for each party, then each owes half of the other's blood money (Diyya) and half the value of the damage to the other's car. The Diyya is to be paid by the 'Aqila (male relatives on the father's side) of each. As for expiation (kaffarah), it is fully incumbent upon each for unintentional killing, because expiation is indivisible. It is permissible for the heirs to agree to waive their right in exchange for the other party waiving their right.
Second: The expiation for unintentional killing is the freeing of a believing slave. If one is not found, then fasting for two consecutive months. If your father died in the accident, the cost of a believing slave must be taken from his estate to free them. If a slave is not available, then there is no obligation to fast on his behalf, but it is commendable for one of the heirs to voluntarily fast for him, and one person must fast the two consecutive months.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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