The Inability of the 'Aqilah to Pay the Blood Money
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, if the 'aqilah is unable to pay the blood money, are they required to borrow money to settle the blood money, or is it dropped from them due to their inability?
Answer:
The poor person owes nothing. You took from the categories; nothing is obligatory upon them. The poor person, the poor person does not pay anything. And if the entire 'aqilah are poor, the blood money returns to the perpetrator, yes. Because originally it is upon him due to his crime, and the 'aqilah only bore it on his behalf as a matter of solidarity and cooperation. So if they are unable, it returns to him, yes.
He says: Honorable Shaykh, may Allah grant you success, if the 'aqilah is unable to pay the blood money, are they required to borrow money to settle the blood money, or is it dropped from them due to their inability?
Answer:
The poor person owes nothing. You took from the categories; nothing is obligatory upon them. The poor person, the poor person does not pay anything. And if the entire 'aqilah are poor, the blood money returns to the perpetrator, yes. Because originally it is upon him due to his crime, and the 'aqilah only bore it on his behalf as a matter of solidarity and cooperation. So if they are unable, it returns to him, yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 104 من 123/شرح كتاب زاد المستقنع/الديات/الشجاج وكسر العظام/صالح الفوزان/الفقه/كبار العلماء — youtube.com (46:50)
The Arabic text is a machine transcription of the audio recording.