The ruling on the obligation of blood money (diyah) upon the kin of the killer
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Question:
May Allah reward you. The questioner asks: Is it obligatory for the relatives of the deceased to pay the blood money, or is paying it on their part a matter of cooperation and recommendation in sharing in good? Please inform us. May Allah reward you?
Answer:
The blood money is obligatory upon the 'aqilah (the killer's kin), who are the male agnatic relatives of the killer. It is obligatory for them to pay it, and they are bound by it—specifically, those among them who are able to pay. As for the poor person who has nothing, he is not obligated to pay; rather, it is upon the able members of the agnatic relatives. This is because if he had died, they would have inherited from him. If he had had millions or billions, they would have inherited it. So, if he commits a crime, they bear the blood money in exchange for this. The principle is that profit comes with loss. Just as they would inherit from him if he died and had wealth, if he incurs a blood money for an accidental killing, they bear it. This is a form of social solidarity, as it is called today—a form of solidarity and cooperation in good intentions. It is among the merits of Islam that the 'aqilah bears the blood money; it is among the merits of this religion. Because accidental killings occur frequently, if the perpetrator were to bear the blood money for an accident, given its frequent occurrence, it would be a heavy burden on him, especially since he did not intend it. So, among the merits of this religion is that it distributed it among his agnatic relatives. Yes.
May Allah reward you. The questioner asks: Is it obligatory for the relatives of the deceased to pay the blood money, or is paying it on their part a matter of cooperation and recommendation in sharing in good? Please inform us. May Allah reward you?
Answer:
The blood money is obligatory upon the 'aqilah (the killer's kin), who are the male agnatic relatives of the killer. It is obligatory for them to pay it, and they are bound by it—specifically, those among them who are able to pay. As for the poor person who has nothing, he is not obligated to pay; rather, it is upon the able members of the agnatic relatives. This is because if he had died, they would have inherited from him. If he had had millions or billions, they would have inherited it. So, if he commits a crime, they bear the blood money in exchange for this. The principle is that profit comes with loss. Just as they would inherit from him if he died and had wealth, if he incurs a blood money for an accidental killing, they bear it. This is a form of social solidarity, as it is called today—a form of solidarity and cooperation in good intentions. It is among the merits of Islam that the 'aqilah bears the blood money; it is among the merits of this religion. Because accidental killings occur frequently, if the perpetrator were to bear the blood money for an accident, given its frequent occurrence, it would be a heavy burden on him, especially since he did not intend it. So, among the merits of this religion is that it distributed it among his agnatic relatives. Yes.
Source
الدية على العاقلة — alfawzan.live
The Arabic text is a machine transcription of the audio recording.
