Inheritance is distributed among the heirs
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Question: Several months ago, my mother passed away in a car accident. We reached a settlement with the driver who caused the accident, and according to the common custom in our area, he paid us fifty thousand Syrian pounds as blood money (diyah).And the question is: Is it permissible for me to spend and give charity from this money on behalf of my mother, and for someone else to perform Hajj on her behalf? Is it valid to visit graves on the days of the festivals and on Friday? And is it true that the souls of the deceased return on such days? Please guide us, and may Allah grant you success.
Answer: As for the blood money (diyah), it is considered part of the deceased’s estate, so it belongs to the heirs, each
taking his share from it, after the deceased’s debts are paid and his lawful bequests are executed. Each person disposes of his share as he wishes. If you receive a portion of this estate, you may dispose of it as you wish; if you wish, you may perform Hajj from it on behalf of your mother, or give charity from it on behalf of your mother from your specific share.
As for the shares of the other heirs, it is not permissible to dispose of them without permission. If you all agree, or if some of you agree to give charity and perform Hajj on behalf of your mother from their shares and inheritance, that is permissible. However, if a person is not comfortable with this and does not give permission, his share is paid to him, and nothing is taken from him, neither for charity nor for Hajj.
As for the issue of visiting graves, it is prescribed on all days, not specifically on Friday or specifically on the day of the festival, but on all days. The prescribed visit is one whose intention is to take a lesson, to be admonished, to repent to Allah (Glorified and Exalted is He), and to remember death,As the Prophet (peace and blessings be upon him) said:Sunan Ibn Majah 1569Sahih (Darussalam) and whose intention is also to benefit the deceased by making supplication for them, seeking forgiveness for them, and sending blessings upon them, for they are in need of the supplications and forgiveness of the living on all days, not specifically on Friday or specifically on the day of the festival.
The claim that their souls return on these two days specifically is not established by any authentic report from the Prophet (peace and blessings be upon him). This is part of the knowledge of the unseen, which no one knows except Allah (Glorified and Exalted is He), and it is not permissible to speak about it except with valid evidence from the Prophet (peace and blessings be upon him).
Answer: As for the blood money (diyah), it is considered part of the deceased’s estate, so it belongs to the heirs, each
taking his share from it, after the deceased’s debts are paid and his lawful bequests are executed. Each person disposes of his share as he wishes. If you receive a portion of this estate, you may dispose of it as you wish; if you wish, you may perform Hajj from it on behalf of your mother, or give charity from it on behalf of your mother from your specific share.
As for the shares of the other heirs, it is not permissible to dispose of them without permission. If you all agree, or if some of you agree to give charity and perform Hajj on behalf of your mother from their shares and inheritance, that is permissible. However, if a person is not comfortable with this and does not give permission, his share is paid to him, and nothing is taken from him, neither for charity nor for Hajj.
As for the issue of visiting graves, it is prescribed on all days, not specifically on Friday or specifically on the day of the festival, but on all days. The prescribed visit is one whose intention is to take a lesson, to be admonished, to repent to Allah (Glorified and Exalted is He), and to remember death,As the Prophet (peace and blessings be upon him) said:
Visit the graves, for they will remind you of the Hereafter.
زوروا القبور فإنها تذكر بالآخرةThe claim that their souls return on these two days specifically is not established by any authentic report from the Prophet (peace and blessings be upon him). This is part of the knowledge of the unseen, which no one knows except Allah (Glorified and Exalted is He), and it is not permissible to speak about it except with valid evidence from the Prophet (peace and blessings be upon him).