The Punishment For Accidental Killing

Question :

A man is asking, saying that it happened that he hit a Turkish woman with his car in Makkah and she died. He paid her Diyah to the Treasury, then during his return journey to the place where he works, his car overturned at the turning for Al-Ahsa' and his wife died. So he is asking what is incumbent upon him regarding the right of Allah in this?

Answer:

It is incumbent upon the questioner regarding the knocking down of the Turkish woman in Makkah and her death as a result of that, to atone for killing her by freeing a believing slave; if he does not find one, then he must fast for two consecutive months, according to the Words of Allah, Most High:
"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 helonged 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 Allah.

And Allah is Ever All-Knowing, All-Wise."

As for the death of the questioner's wife as a result of his car turning over while he was driving, if he was negligent in his driving, or he contributed in anyway to the accident, including a driving violation, speeding, drowsiness or the like, or negligent regarding the vehicle or something essential which caused it to be unsafe, then he must atone for the death by freeing a believing slave, or if he does not find one, by fasting for two consecutive months in repentance to Allah.

However, if he was not the cause of the accident in any way, then there is nothing incumbent upon him regarding the death of his wife.

May peace and the blessings of Allah be upon our Prophet and upon his family and Companions.

Source:
The Permanent Committee
Fatawa Islamiyah, Vol. 6 Pages 170-171