We are cousins; if a blood fine falls upon us, we share in paying it. One of us was injured in his body, and the blood fine was taken from the one who injured him. And the cousins demanded...
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The questioner : May Allah reward you. The questioner says: We are cousins; if a blood fine falls upon us, we share in paying it. One of us was injured in his body, and the blood fine was taken from the one who injured him. And his cousins demanded that he share this blood fine with them, arguing that they are partners in paying the blood fine when it becomes obligatory upon him. Do they have the right to that?
The Shaykh : It is well known among the scholars that the blood fine for accidental killing is obligatory upon the 'aqilah, whether they have an agreement among themselves regarding this or not. It becomes a right of the killer against his 'aqilah that they pay the blood fine on his behalf. The 'aqilah are the 'asabah (residuary male heirs), starting with the closest, then the next closest. If the wealth of the close relatives is sufficient, we do not need the wealth of the more distant ones. If it is not sufficient, we distribute it among the more distant ones as well. Based on this, it is not permissible for the killer to waive it from these 'aqilah except with their consent. If they consent and say, "I will bear the blood fine," then there is no harm in that for him. Yes.
The questioner : ... .
The Shaykh : What? The division of this rule. The rule is that the blood fine for accidental killing and quasi-intentional killing is upon the 'aqilah, whether they agreed to this or not.
The questioner : ... .
The Shaykh : The blood fine was taken from whom?
The questioner : ... .
The Shaykh : Okay, was it killed in an accident?
The questioner : So the perpetrator gave, for example, the jizyah? The 'aqilah takes it, they share in it, dividing the blood fine?
The Shaykh : No, they do not share.
The questioner : This is the question.
The Shaykh : That is not the question, that is not the question.
The questioner : The questioner says: We are cousins; if a blood fine falls upon us, we share in paying it. One of them was injured in his body, and the blood fine was taken from the one who injured him. And his cousins demanded that he share this blood fine with them.
The Shaykh : The blood fine, the blood fine is not strict.
The questioner : To share this blood fine, arguing that they are partners in paying the blood fine when it becomes obligatory upon him. Do they have the right to that?
The Shaykh : The answer is that they do not have the right to this, because the obligation of the blood fine upon them is by the original ruling of the Shari'ah. It is obligatory upon them to pay the blood fine for accidental killing. If they agreed that it would be a loan from the killer, this would be contrary to the Shari'ah. Yes.
The Shaykh : It is well known among the scholars that the blood fine for accidental killing is obligatory upon the 'aqilah, whether they have an agreement among themselves regarding this or not. It becomes a right of the killer against his 'aqilah that they pay the blood fine on his behalf. The 'aqilah are the 'asabah (residuary male heirs), starting with the closest, then the next closest. If the wealth of the close relatives is sufficient, we do not need the wealth of the more distant ones. If it is not sufficient, we distribute it among the more distant ones as well. Based on this, it is not permissible for the killer to waive it from these 'aqilah except with their consent. If they consent and say, "I will bear the blood fine," then there is no harm in that for him. Yes.
The questioner : ... .
The Shaykh : What? The division of this rule. The rule is that the blood fine for accidental killing and quasi-intentional killing is upon the 'aqilah, whether they agreed to this or not.
The questioner : ... .
The Shaykh : The blood fine was taken from whom?
The questioner : ... .
The Shaykh : Okay, was it killed in an accident?
The questioner : So the perpetrator gave, for example, the jizyah? The 'aqilah takes it, they share in it, dividing the blood fine?
The Shaykh : No, they do not share.
The questioner : This is the question.
The Shaykh : That is not the question, that is not the question.
The questioner : The questioner says: We are cousins; if a blood fine falls upon us, we share in paying it. One of them was injured in his body, and the blood fine was taken from the one who injured him. And his cousins demanded that he share this blood fine with them.
The Shaykh : The blood fine, the blood fine is not strict.
The questioner : To share this blood fine, arguing that they are partners in paying the blood fine when it becomes obligatory upon him. Do they have the right to that?
The Shaykh : The answer is that they do not have the right to this, because the obligation of the blood fine upon them is by the original ruling of the Shari'ah. It is obligatory upon them to pay the blood fine for accidental killing. If they agreed that it would be a loan from the killer, this would be contrary to the Shari'ah. Yes.