Settling blood money through a collection among the sons due to their inability to pay
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Fatwa No. ( 19082 )
Q: We inform Your Eminence that our father was involved in a traffic accident in which he died, resulting in injuries and deaths for which the blood money and settlement were assessed at (654,500) riyals , and we were unable to pay it from our father’s personal funds. So four of the paternal cousins stood together, and each of them, through his own means, close and distant kinship, and through his acquaintances and influence, contributed to collecting this large sum. They collected it in scattered installments, small and large, at widely spaced intervals. One contributed one hundred riyals, another five hundred, and another one thousand, and so on. It was given to the legal agent of the heirs to keep it and distribute it to the rightful recipients. During the collection process, before the distribution began, one of the paternal cousins had submitted our father’s papers to His Highness the Prince of the Riyadh Region, requesting his assistance in settling the blood money owed from the funds of the Society of Charity. Approval was granted to settle most of the blood money, and only a small amount remained, which was paid from the money collected from the 'aqilah and others, which was in the possession of the legal agent. A sum of (343,420) riyals remained with the legal agent, the remaining money collected from the 'aqilah and others, whose owners are not known; because some contributed one hundred, some five hundred, some one thousand, some as charity, some as zakah, and so on. Time has passed, and he has an elderly sick daughter, a sick son, and an eldest son who is the head of a family, and they have no provider except those who give them charity, even during the lifetime of their poor father, who used to collect charity for them. Should this money be given to them, knowing that it was collected for their benefit, as he settled what was owed from the Society of Charity, given their need for it? The question is:
Through his own method, his close and distant relatives, and through his acquaintances and his standing, each of them contributed to gathering this large sum. They collected it in scattered installments, some small and some large, at widely spaced intervals. One person contributed one hundred riyals, another five hundred, and another one thousand, and so on. The money was given to the legal guardian of the heirs to be kept and distributed to those entitled to it. During the collection process, before the distribution began, one of the cousins had submitted my father's documents to His Highness the Prince of the Riyadh Region, requesting his assistance in paying the blood money debts owed from the funds of the Charity Association. Approval was granted to pay most of the blood money debts, and only a small amount remained, which was paid from the money collected from the 'aqilah and others, which was in the possession of the legal guardian. A sum of 343,420 riyals remained with the legal guardian; this is the remaining money collected from the 'aqilah and others, and its owners are not known, because some contributed one hundred, some five hundred, some one thousand, some as charity, some as zakah, and so on. Time has passed, and he has an elderly sick daughter, a sick son, and an eldest son who is the head of a family, and they have no provider except those who give them charity, even during the lifetime of their poor father, who used to collect charity for them. So, should the money be given to them, knowing that it was collected for their benefit, as he paid what was owed to the Charity Association, and considering their need for it? The question is:
1 - Does this money belong to the heirs of the person for whom the money was collected? 2 - Or does it belong to the legal guardian who kept and maintained it? 3 - Or does it belong to the four cousins who collected it and worked hard to obtain it? 4 - Or is it an endowment (waqf) in which it is not permissible to dispose of it except in the same manner for which it was collected?
A: It is obligatory for the one who has this money remaining to return it to those from whom it was taken; each person should be given back what was taken from him, whether small or large, because the reason for taking it has ceased. However, if they voluntarily donate it to the heirs or to those in need among them after they have learned of the payment, it is permissible to take it. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: We inform Your Eminence that our father was involved in a traffic accident in which he died, resulting in injuries and deaths for which the blood money and settlement were assessed at (654,500) riyals , and we were unable to pay it from our father’s personal funds. So four of the paternal cousins stood together, and each of them, through his own means, close and distant kinship, and through his acquaintances and influence, contributed to collecting this large sum. They collected it in scattered installments, small and large, at widely spaced intervals. One contributed one hundred riyals, another five hundred, and another one thousand, and so on. It was given to the legal agent of the heirs to keep it and distribute it to the rightful recipients. During the collection process, before the distribution began, one of the paternal cousins had submitted our father’s papers to His Highness the Prince of the Riyadh Region, requesting his assistance in settling the blood money owed from the funds of the Society of Charity. Approval was granted to settle most of the blood money, and only a small amount remained, which was paid from the money collected from the 'aqilah and others, which was in the possession of the legal agent. A sum of (343,420) riyals remained with the legal agent, the remaining money collected from the 'aqilah and others, whose owners are not known; because some contributed one hundred, some five hundred, some one thousand, some as charity, some as zakah, and so on. Time has passed, and he has an elderly sick daughter, a sick son, and an eldest son who is the head of a family, and they have no provider except those who give them charity, even during the lifetime of their poor father, who used to collect charity for them. Should this money be given to them, knowing that it was collected for their benefit, as he settled what was owed from the Society of Charity, given their need for it? The question is:
Through his own method, his close and distant relatives, and through his acquaintances and his standing, each of them contributed to gathering this large sum. They collected it in scattered installments, some small and some large, at widely spaced intervals. One person contributed one hundred riyals, another five hundred, and another one thousand, and so on. The money was given to the legal guardian of the heirs to be kept and distributed to those entitled to it. During the collection process, before the distribution began, one of the cousins had submitted my father's documents to His Highness the Prince of the Riyadh Region, requesting his assistance in paying the blood money debts owed from the funds of the Charity Association. Approval was granted to pay most of the blood money debts, and only a small amount remained, which was paid from the money collected from the 'aqilah and others, which was in the possession of the legal guardian. A sum of 343,420 riyals remained with the legal guardian; this is the remaining money collected from the 'aqilah and others, and its owners are not known, because some contributed one hundred, some five hundred, some one thousand, some as charity, some as zakah, and so on. Time has passed, and he has an elderly sick daughter, a sick son, and an eldest son who is the head of a family, and they have no provider except those who give them charity, even during the lifetime of their poor father, who used to collect charity for them. So, should the money be given to them, knowing that it was collected for their benefit, as he paid what was owed to the Charity Association, and considering their need for it? The question is:
1 - Does this money belong to the heirs of the person for whom the money was collected? 2 - Or does it belong to the legal guardian who kept and maintained it? 3 - Or does it belong to the four cousins who collected it and worked hard to obtain it? 4 - Or is it an endowment (waqf) in which it is not permissible to dispose of it except in the same manner for which it was collected?
A: It is obligatory for the one who has this money remaining to return it to those from whom it was taken; each person should be given back what was taken from him, whether small or large, because the reason for taking it has ceased. However, if they voluntarily donate it to the heirs or to those in need among them after they have learned of the payment, it is permissible to take 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.