Ruling on waiving the blood money for accidental killing when the deceased has a debt and a bequest
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Do the heirs of a person killed accidentally have the right to forgive the blood money, given that the deceased had a debt and a bequest?
If the deceased had a debt and a bequest, it is not permissible for the heirs to waive any part of the blood money until the debt and the bequest are settled; because the heirs' right is not established until after the debt and the bequest.As Allah the Exalted said: [al-Nisa: 11] [al-Nisa: 12] [al-Nisa: 12] [al-Nisa: 12] If they waive it, the waiver is invalid. If their waiver is before a court, they must return to the court and inform the judge that the deceased had a debt and a bequest. The debt is taken first, then the bequest second, and the remainder goes to the heirs.
Also: The heirs must be of sound mind,Meaning: adults of sound intellect, and prudent in their conduct. If there are minors among them, no heir may waive the rights of these minors unless he guarantees their rights to them.
If the deceased had a debt and a bequest, it is not permissible for the heirs to waive any part of the blood money until the debt and the bequest are settled; because the heirs' right is not established until after the debt and the bequest.As Allah the Exalted said:
after any bequest he [may have] made or debt
مِنْ بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍafter any bequest he [may have] made or debt
مِنْ بَعْدِ وَصِيَّةٍ يُوصَى بِهَا أَوْ دَيْنٍafter any bequest you [may have] made or debt
مِنْ بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَا أَوْ دَيْنٍafter any bequest they [may have] made or debt
مِنْ بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَا أَوْ دَيْنٍAlso: The heirs must be of sound mind,Meaning: adults of sound intellect, and prudent in their conduct. If there are minors among them, no heir may waive the rights of these minors unless he guarantees their rights to them.