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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on pledging the blood money that the 'asabah (residuary male heirs) bear, before and after the lunar year

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The questioner : Yes.

The Shaykh : It is not permissible to pledge the blood money that the 'asabah bear before the lunar year, because it is not yet obligatory, and it is not known that it will become obligatory, as it is possible that something may occur that prevents its obligation. It is permissible to pledge it after the lunar year, because it is a settled debt.

The presenter : Is this clear?

The questioner : Hm? What is clear? O Bashar, well, the 'aqilah are the 'asabah, or the male members of the 'asabah, who bear the blood money in the case of accidental killing. That is, if a person kills someone by mistake, for example, if a person steps on men...

The Shaykh : ...on whom is the blood money? It is on the 'aqilah. If the awliya (guardians) of the deceased say, "We want you to give us a pledge," it is not obligatory for them, and the pledge is not valid, because perhaps during the year one of them may become poor or die. However, after the completion of the lunar year and the settlement of the blood money on the 'aqilah, it is permissible to pledge it. How is that? Because the 'aqilah are granted a deferral of the blood money for three years, just as if a year has passed. The blood money is now established. If the awliya of the deceased come and demand it, saying, "Give it to us," they say, "We have nothing now, but we will give you a pledge." Is that permissible or not? It is permissible, because the blood money is now established and settled. But if it is before the year, it is not permissible, because they say, "We are not obligated to pay before the year," and during this time, there may be an obstacle that prevents the blood money from becoming obligatory upon them.
Source قناة «فضيلة الشيخ محمد بن صالح العثيمين»، [4404] حكم الرهن بما يحمل العاقلة من الدية قبل الحول وبعده - تعليقات على الكافي لابن عثيمين — youtube.com

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

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