Ruling on a company which paid Diyah making expiation for the deaths in accidents caused by the road blocks they use
Q: A driver had an accident which left two people dead. The accident took place because a company, who had done some road work, neglected to put up a warning sign.
A ruling was passed by virtue of which both the driver and the company were forced to share equal payment of the Diyah (blood money).
They were also asked to fast (Part No. 21; Page No. 286) four months in expiation for involuntary manslaughter of the two people. The driver asks whether he has to fast or to offer Fidyah (ransom)?
If the case is as you mentioned, you are duty bound to do what you have recently been required to do. In terms of involuntary manslaughter
it is not sufficient to feed the needy. Rather, you must free two believing bondsmen. If you can not afford that, you must fast four months on behalf of each victim provided that each two months are fasted consecutively. It is permissible to break the fast for a period between each two months. Allah (Exalted be He) states:
It is not for a believer to kill a believer except (that it be) by mistake; and whosoever kills a believer by mistake, (it is ordained that) he must set free a believing slave and a compensation (blood-money, i.e. Diya) be given to the deceased’s family, unless they remit it.
The Ayahs (Qur'anic verses) read:
And whoso finds this (the penance of freeing a slave) beyond his means, he must fast for two consecutive months in order to seek repentance from Allâh. And Allâh is Ever All-Knowing, All-Wise.
Allah orders that a free believing bondsman be freed in expiation for involuntary manslaughter. If the murderer cannot afford freeing a believing bondsman, he will have to fast two consecutive months. Neither feeding nor Sadaqah (voluntary charity) has been prescribed by Allah as expiation for involuntary manslaughter. (Part No. 21; Page No. 287) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.