Blood money is included in the inheritance
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Fatwa number ( 20789 )
Q: My brother (may Allah have mercy on him) was killed three years ago. After the killer was sentenced to retaliation, a foreign wife of his relinquished her right, and it was noted on the judgment document that retaliation was waived and that the heirs were entitled only to blood money. Then, some people of good character intervened, and a settlement was reached between me and the tribal sheikh of the killer, whereby he would pay us two million riyals. Since the deceased was in debt to the extent of approximately five hundred thousand riyals, I request a ruling on the following: 1 - Is it permissible to pay these debts from this amount? 2 - Is it permissible to pay those who could not prove their claim against the deceased with a document or witnesses if I have knowledge of it, or because I trust the claimant, in order to clear the deceased’s liability? 3 - Is any relative of the deceased, other than the heirs, entitled to any part of this amount after it has been collected over the course of three years?
A: First : Whatever is newly obtained that pertains to the deceased is included in his inheritance, and this includes blood money; because it is due to the deceased as compensation for his life, and his life belongs to him, so its compensation belongs to him. From it, his debts and the cost of his funeral preparations are paid. Accordingly, it is permissible to pay your brother’s (may Allah have mercy on him) debts from his blood money; because blood money is his inheritance. Second : As for the creditors who are claiming rights against your brother, as they allege,
and who have no witnesses or documents to prove it, the reference for establishing this legally or otherwise is the Shari'ah court. Third : What remains of your brother’s blood money after paying his debts and after extracting the bequest, if he bequeathed anything, is the right of the heirs only. It is distributed among them according to their inheritance shares from him; because blood money is inheritance, so no relative of the deceased other than the heirs is entitled to any part of it. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My brother (may Allah have mercy on him) was killed three years ago. After the killer was sentenced to retaliation, a foreign wife of his relinquished her right, and it was noted on the judgment document that retaliation was waived and that the heirs were entitled only to blood money. Then, some people of good character intervened, and a settlement was reached between me and the tribal sheikh of the killer, whereby he would pay us two million riyals. Since the deceased was in debt to the extent of approximately five hundred thousand riyals, I request a ruling on the following: 1 - Is it permissible to pay these debts from this amount? 2 - Is it permissible to pay those who could not prove their claim against the deceased with a document or witnesses if I have knowledge of it, or because I trust the claimant, in order to clear the deceased’s liability? 3 - Is any relative of the deceased, other than the heirs, entitled to any part of this amount after it has been collected over the course of three years?
A: First : Whatever is newly obtained that pertains to the deceased is included in his inheritance, and this includes blood money; because it is due to the deceased as compensation for his life, and his life belongs to him, so its compensation belongs to him. From it, his debts and the cost of his funeral preparations are paid. Accordingly, it is permissible to pay your brother’s (may Allah have mercy on him) debts from his blood money; because blood money is his inheritance. Second : As for the creditors who are claiming rights against your brother, as they allege,
and who have no witnesses or documents to prove it, the reference for establishing this legally or otherwise is the Shari'ah court. Third : What remains of your brother’s blood money after paying his debts and after extracting the bequest, if he bequeathed anything, is the right of the heirs only. It is distributed among them according to their inheritance shares from him; because blood money is inheritance, so no relative of the deceased other than the heirs is entitled to any part of it. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.