The ruling on establishing a cooperative fund for blood money in cases of accidental killing

The questioner : This questioner says: We seek a fatwa from your eminence on the following matter. We have established a cooperative fund specifically for blood money in cases of accidental killing, which operates under the following conditions: each person in the village pays five hundred riyals as an establishment fee, then each contributor pays fifty riyals monthly. If any contributor leaves the fund for any reason, he is not given back what he paid previously, and likewise, if he dies, what he paid is not returned to his heirs. The fourth condition is that if a person delays payment for six months without an excuse, he is deprived of benefiting from the fund. We ask your eminence to guide us with what you see fit. May Allah reward your opinion.

The Shaykh : The answer to this requires several points. First, is establishing this fund a good thing? In other words, is it good to establish a fund from which blood money is paid to those who cause an accident, or not? I see that such funds should not be established. Because these funds encourage the foolish to be reckless, so that accidents occur, because he says the blood money is in the fund and does not care. But if it were the opposite, that these funds are for helping those who are victims of accidents, not those who caused them, then that is better. This is one point. Second, among the conditions is that whoever does not contribute to this fund will not be helped with the blood money. This is a condition that contradicts the Shari'ah, because the blood money for accidental killing is upon the 'aqilah (clan) by Shari'ah. So any condition that causes it to fall off the 'aqilah is a condition that contradicts the Shari'ah, and conditions that contradict the Shari'ah are not permissible. The evidence for this is the story of Barirah (may Allah be pleased with her) when she came to 'A'ishah. Barirah had bought her freedom from her people for nine ounces of silver, so she came to 'A'ishah seeking her help, saying, "Help me in paying the manumission." 'A'ishah said to her, "If your people are willing that I pay it for them and your loyalty (wala') be mine, I will do it." So Barirah went to her people—she went to her people and told them what 'A'ishah had said. They said, "No, the loyalty is ours." So Barirah came to 'A'ishah and informed her that they refused except that the loyalty be theirs. The Prophet (peace and blessings be upon him) said, "Take her" So Barirah went and agreed with them, then the Prophet (peace and blessings be upon him) addressed the people and said once.
Allah's judgment is more right and Allah's condition is more binding, and the loyalty belongs to the one who frees the slave. So the Prophet (peace and blessings be upon him and his family) invalidated this condition because it contradicts the Shari'ah of Allah. And it is authentic from him (peace and blessings be upon him) from the hadith of 'A'ishah (may Allah be pleased with her) that he said . So the condition of these people that whoever does not contribute to the fund will not be helped with the blood money is an invalid condition. Rather, it is said that the blood money for accidental killing is upon the 'aqilah, and even if they condition its negation, it is obligatory for them if the conditions for bearing it are met, according to what came in the books of the scholars of knowledge. In summary, in my opinion, it is not recommended to establish such a fund to help those who cause accidents, because it helps whom? It helps the reckless in their recklessness and lack of care. But establishing a fund to help those who are victims of accidents, such as if their house collapses or their car is hit or something similar, that is good. Now, secondly, the condition that whoever does not contribute has no right to help with the blood money is an invalid condition, because the blood money is upon the 'aqilah, whether they condition the negation of bearing it or not.