A man struck another man, causing his hand to become paralyzed, and both died before the right was fulfilled
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Fatwa number ( 1352 )
Q: My father (may Allah have mercy on him) struck a person before the Saudi government (may Allah perpetuate it), and as a result of the blow, the man’s hand became paralyzed. At that time, retribution was not taken from my father due to ignorance. My father and the man who was struck have both passed away before the Saudi government. I am now asking how to make amends for my father (may Allah have mercy on him)? Knowing that the man who was struck has no children or anyone from whom I can seek forgiveness, except for distant relatives who are very far removed from him, please issue a ruling on this matter. May Allah reward you with good.
A: If the matter is as stated, then if the blow that resulted in
the paralysis of the hand was intentional aggression, retribution is dropped by the death of the striker before retribution was taken from him, by consensus; because it is religiously impossible due to the loss of its subject. And half of the blood money for the man is fixed in the property of the wrongdoer, if he has property, according to the correct opinion of the scholars. And if the blow was accidental or quasi-intentional, half of the blood money for the victim is obligatory upon the 'aqilah (clan) of the wrongdoer, to be inherited by the heirs of the victim on the day of his death as an inheritance from him, and then to the heirs of each of them after that. All of this is if the forgiveness of the victim regarding the wrongdoer is not established, acting in accordance with what is the original presumption. If his forgiveness is established, then there is nothing upon the wrongdoer in his property, nor upon his 'aqilah, and nothing for the heirs of the victim. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Q: My father (may Allah have mercy on him) struck a person before the Saudi government (may Allah perpetuate it), and as a result of the blow, the man’s hand became paralyzed. At that time, retribution was not taken from my father due to ignorance. My father and the man who was struck have both passed away before the Saudi government. I am now asking how to make amends for my father (may Allah have mercy on him)? Knowing that the man who was struck has no children or anyone from whom I can seek forgiveness, except for distant relatives who are very far removed from him, please issue a ruling on this matter. May Allah reward you with good.
A: If the matter is as stated, then if the blow that resulted in
the paralysis of the hand was intentional aggression, retribution is dropped by the death of the striker before retribution was taken from him, by consensus; because it is religiously impossible due to the loss of its subject. And half of the blood money for the man is fixed in the property of the wrongdoer, if he has property, according to the correct opinion of the scholars. And if the blow was accidental or quasi-intentional, half of the blood money for the victim is obligatory upon the 'aqilah (clan) of the wrongdoer, to be inherited by the heirs of the victim on the day of his death as an inheritance from him, and then to the heirs of each of them after that. All of this is if the forgiveness of the victim regarding the wrongdoer is not established, acting in accordance with what is the original presumption. If his forgiveness is established, then there is nothing upon the wrongdoer in his property, nor upon his 'aqilah, and nothing for the heirs of the victim. 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.