Disposing of the donated funds for the heirs of a deceased in an accident
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Question:
The questioner says: A man died in a traffic accident, and many people of good character donated money to his heirs. When it was determined that the person responsible for the accident had to pay the blood money (diyah), and given his inability to pay, and because some of the donors did not specify whether their donations were for the family or for the diyah—though this is the minority and the majority did specify that they gave it to the heirs—due to this, those in charge of collecting the funds and some of his relatives decided to hand these funds over to the court to settle the debt. Knowing that among the heirs are minors and young children, and that their need is also severe, is this permissible? Please inform us, may Allah reward you with good.
Answer:
Donating on behalf of the heirs is not permissible to be paid to the person who caused the accident. No, on behalf of the heirs, give it to the heirs, because among them are the young, the old, and the weak after the death. The wealth is inherited by them; it is theirs. He has millions; the wealth is theirs. And the person who caused the accident owes the diyah. The one who caused the accident owes the diyah. The excess is for them, and it is not permissible to give it to him, because the donor took it from the heirs to give it to the person who caused the accident. No, this is a pretext. Unless the donor says, "This money is not for the heirs." If he says, "This is for the person who caused the accident, or to help him with the diyah," then it is according to the intention of its owner. But as long as it was given to them, it is for the heirs. The person who caused the accident, who killed him by running him over or hitting him or something like that, should help him with his own hand. He gives it to him with his own hand. He gives it to the heirs. He goes and gives it to the person who caused the accident to help him with the diyah. This is a deception. Making this for the person who caused the accident is a deception. The warning is for the heirs. The heirs are not obligated to give anything to the person in need, absolutely. Yes. May Allah reward you.
The questioner says: A man died in a traffic accident, and many people of good character donated money to his heirs. When it was determined that the person responsible for the accident had to pay the blood money (diyah), and given his inability to pay, and because some of the donors did not specify whether their donations were for the family or for the diyah—though this is the minority and the majority did specify that they gave it to the heirs—due to this, those in charge of collecting the funds and some of his relatives decided to hand these funds over to the court to settle the debt. Knowing that among the heirs are minors and young children, and that their need is also severe, is this permissible? Please inform us, may Allah reward you with good.
Answer:
Donating on behalf of the heirs is not permissible to be paid to the person who caused the accident. No, on behalf of the heirs, give it to the heirs, because among them are the young, the old, and the weak after the death. The wealth is inherited by them; it is theirs. He has millions; the wealth is theirs. And the person who caused the accident owes the diyah. The one who caused the accident owes the diyah. The excess is for them, and it is not permissible to give it to him, because the donor took it from the heirs to give it to the person who caused the accident. No, this is a pretext. Unless the donor says, "This money is not for the heirs." If he says, "This is for the person who caused the accident, or to help him with the diyah," then it is according to the intention of its owner. But as long as it was given to them, it is for the heirs. The person who caused the accident, who killed him by running him over or hitting him or something like that, should help him with his own hand. He gives it to him with his own hand. He gives it to the heirs. He goes and gives it to the person who caused the accident to help him with the diyah. This is a deception. Making this for the person who caused the accident is a deception. The warning is for the heirs. The heirs are not obligated to give anything to the person in need, absolutely. Yes. May Allah reward you.
Source
فتاوى الحج 1410 هـ - 7 — archive.org (17:27)
The Arabic text is a machine transcription of the audio recording.