Running over someone who went under the car without his knowledge

Fatwa no. 2504 Praise be to Allah and peace and blessings be upon His Messenger, his family and Companions. The Permanent Committee for Scholarly Research and Ifta' has examined (Part No. 21; Page No. 322) the question submitted by His Eminence, Judge of the Court of Al-Salil, to His Eminence, General President, referred to it by the General Secretariat, no. (1198/2) dated 9 Jumada II, 1399 A.H. It reads as follows:The citizen who asks the question is a car driver. While transferring camels from Jizan to Riyadh, he stopped by the road side to help another driver whose car was stuck in the sand. Meanwhile, the owner of the camels got out of the car and went to sleep under it. When the questioner finished with the other driver, he started his car while the man was still under it, and consequently he drove over him and killed him. He asks whether he should observe Sawm (fast) to offer Kaffarah (expiation), bearing in mind that this will be difficult for him, given that he is always traveling to earn his livelihood. Kindly guide him. May Allah reward you!

It answered as follows:If the case is as you have mentioned, the man who drove off in his car killing the man who was under the car has to pay Diyah (blood money) and offer Kaffarah (expiation) for committing involuntary manslaughter by neglecting to inspect his car and his surroundings before driving away. The Kaffarah for involuntary manslaughter is freeing a believing slave, and if he does not find any, he is to fast for two consecutive months, for Allah (Exalted be He) says: ...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. (Part No. 21; Page No. 323) Till He says: 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. Surah Al-Nisa': 92Feeding the poor does not suffice as a Kaffarah, for Allah (Exalted be He) does not mention it; and never is your Lord forgetful. We could not perform Qiyas (analogy) between it and the Kaffarah for Zhihar (a man likening his wife to an unmarriageable relative) or Kaffarah for having sexual intercourse intentionally during the daytime in Ramadan, for Qiyas, according to the soundest opinion of the scholars, is not to be made in Kaffarahs.May Allah grant us success. May peace and blessings be upon our Prophet, his family and Companions.