The guardian of the deceased waiving both retaliation and blood money
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Question:
He says: Honorable Shaykh, may Allah grant you success, does the guardian of the deceased have the right to waive both retaliation and blood money, or is the blood money mandatory?
Answer:
No, it is his right. If he wishes, he may forgive the blood money; if he wishes, he may forgive it free of charge; and if he wishes, he may settle for more than the blood money. All of this is up to him. Yes. As for settling for more than the blood money, if he says, "No, I want retaliation, or else you must satisfy me with what I settle for," then he has that right, and he may add to the amount. But if he says, "I want the blood money," then he has no right to anything else. Or if he says, "I do not want anything," then he has no right to blood money or anything else; it becomes a free forgiveness. Yes.
He says: Honorable Shaykh, may Allah grant you success, does the guardian of the deceased have the right to waive both retaliation and blood money, or is the blood money mandatory?
Answer:
No, it is his right. If he wishes, he may forgive the blood money; if he wishes, he may forgive it free of charge; and if he wishes, he may settle for more than the blood money. All of this is up to him. Yes. As for settling for more than the blood money, if he says, "No, I want retaliation, or else you must satisfy me with what I settle for," then he has that right, and he may add to the amount. But if he says, "I want the blood money," then he has no right to anything else. Or if he says, "I do not want anything," then he has no right to blood money or anything else; it becomes a free forgiveness. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 100 من 123 / شرح كتاب زاد المستقنع / الجنايات / صالح الفوزان / الفقه / كبار العلماء — youtube.com (55:07)
The Arabic text is a machine transcription of the audio recording.