Expiation in case of multiple deaths

Abstract

This paper deals with the jurisprudential rulings concerning the expiation in case of multiple deaths. It includes eight sections as follows:

Section I: Definition of expiation

Section II: The legality of expiation in homicide.

Section III: Rationale of expiation.

Section IV: The person liable for expiation.

Section V: The person entitled of expiation if killed.

Section VI: Features of expiation of homicide. 

Section VII: The inability of the murderer to expiate.

Section VIII: The multiplicity of expiation coincided with multiple deaths

It is concluded that expiation is obligatory in the case of manslaughter and quasi-deliberate killing, whether the murderer is male or female, free or a slave, young or old, wise or insane, Muslim or non-Muslim, and whether the murderer is the direct agent of the homicide or not, whether the victim was a male or female, free or a slave, a minor or a fetus in his mother’s womb, a Muslim or non-Muslim (protected or subject in the Muslim land).

To expiate for homicide, one has to free a slave, if not, he must fast for two consecutive months, as stated in the Qur’an. For actions that cause multiple deaths, expiation is multiplied. Therefore, he who kills dozens or hundreds must expiate for every soul he kills.  If difficult he finds fasting difficult he can fast as many days as he could, and then feed the needy for the rest of the deaths, i.e. to provide food to 60 poor people for each death, according to the opinion of some jurists. If he cannot do so, this expiation remains outstanding throughout his life. Expiation does not expire due to inability.