The Multiplicity of Blood Guardians and the Claiming of Retaliation or Blood Money
Machine translationRead the Arabic original
Question:
The Shaykh stated the ruling regarding the one who prays and the witness in the case of a disputed inheritance, and that the younger one who killed the elder is liable for the blood money. The question is: why does the second one receive the blood money, when both are claiming exclusive rights and they differed regarding the order of the inheritance?
Answer:
Yes, because retaliation became obligatory for the first one, and the first one is the one who is entitled to it. So he is given priority. If retaliation is carried out for him, it precludes retaliation for the second one. If retaliation is precluded, the case is shifted to blood money.
The Shaykh stated the ruling regarding the one who prays and the witness in the case of a disputed inheritance, and that the younger one who killed the elder is liable for the blood money. The question is: why does the second one receive the blood money, when both are claiming exclusive rights and they differed regarding the order of the inheritance?
Answer:
Yes, because retaliation became obligatory for the first one, and the first one is the one who is entitled to it. So he is given priority. If retaliation is carried out for him, it precludes retaliation for the second one. If retaliation is precluded, the case is shifted to blood money.
Source
قناة «العلامة الدكتور صالح الفوزان»، 72 من 89|شرح العدة في شرح العمدة|كتاب الجنايات|فصل في شروط استيفاء القصاص|صالح الفوزان|الفقه — youtube.com (35:33)
The Arabic text is a machine transcription of the audio recording.