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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is it permissible for the legal guardian of orphans to waive their right to blood money from the killer of their father because he is poor?

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Question:
He says: Two of my brothers died in a car accident. One of them had children, and the traffic department ruled that the driver of the car in which they were riding was the cause of the accident, so he is liable for the blood money. But when I looked into their situation, I found them to be poor and destitute. So, is it permissible for me to waive the blood money in my capacity as the legal guardian of the orphans?

Answer:
No, it is not permissible for you to waive the blood money, because the blood money is their right. The guardian of an orphan does not waive any of his rights; rather, he preserves them for him until he reaches maturity and sound judgment, and then he hands over his wealth to him. So it is not permissible for you to waive the blood money, because it is the right of the orphans, the right of the minors. As for if they were adults, then it is up to them: if they wish, they may forgive, and if they wish, they may take the debt. As for the minors, their guardian takes the blood money for them and preserves it with their inheritance until they grow up.
Source قناة «العلامة الدكتور صالح الفوزان»، هل يحق للوكيل الشرعي لأيتام أن يتنازل عن حقهم في الدية من قاتل أبيهم لأنه فقير؟ للشيخ صالح الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

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