340. Accidental Killing

By Asma Bint Shameem

In case of accidental killing,  two things are involved

1. The expiation or kaffaarah 

2. Blood money or ‘Diyah’ 

The Kaffaarah or expiation of accidental man slaughter is freeing a believing slave; 

If that’s not possible, then he has to fast for two consecutive months. 

Allaah says:

“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. If the deceased belonged to a people at war with you and he was a believer, the freeing of a believing slave (is prescribed); and if he belonged to a people with whom you have a treaty of mutual alliance, compensation (blood money — Diya) must be paid to his family, and a believing slave must be freed. 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 Allaah. And Allaah is Ever All‑Knowing, All‑Wise”

[al-Nisa’ 4:92]

As for the blood money, that has to be paid by the “aaqilah” of the killer which is the male relatives from the father’s side. 

Allaah says:

“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. Diyah) be given to the deceased’s family unless they remit it”*

[al-Nisa’ 4:92]

Shaykh Ibn ‘Uthaymeen said:

“The ‘aaqilah includes all male relatives on the father’s side, whether they are heirs or not. The husband, half-brother on the mother’s side and mother’s father are not part of the ‘aaqilah.

The judge should divide the shares of diyah to be paid among the male relatives according to the closeness of the relationship and how rich they are. 

The closer relatives should shoulder more of a burden than more distant relatives, and those who are richer should shoulder more of the burden, and those who are poor do not have to pay anything.”

[al-Sharh al-Mumti’, 11 77/80]

The scholars of the Standing Committee said:

“The ruling that the diyah must be paid by the family (‘aaqilah) applies only in cases of accidental killing or quasi-intentional killing. In cases of deliberate killing the diyah is not borne by the family, rather it is to be paid only by the killer. 

If the members of the ‘aaqilah agree to share the burden with him or to help him to pay the diyah, there is nothing wrong with that.”

[Fataawa al-Lajnah al-Daa’imah (21/238)]

And Allaah knows best