Is it permissible for the heirs of a person killed by mistake to forgive the blood money for free, given that the deceased had a debt and a bequest?
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The questioner : In the name of Allah.
Praise be to Allah. May Allah reward you. Peace, mercy, and blessings of Allah be upon you.
The Shaykh : Peace be upon you, and Allah's mercy and blessings.
The questioner : Is it permissible for the heirs of a person killed by mistake to forgive the blood money for free, given that the deceased had a debt and a bequest?
The Shaykh : If the deceased had a debt and a bequest, it is not permissible for the heirs to relinquish any part of the blood money until the debt and the bequest have been settled.
This is because the heirs' right is not established until after the debt and the bequest, as Allah the Exalted said:[An-Nisa 4:11] [An-Nisa 4:11] [An-Nisa 4:12] [An-Nisa 4:12] If they relinquish it, the relinquishment is invalid and must be annulled. If their relinquishment took place in a court, they must return to the court and inform the judge that the deceased had a debt and a bequest. The debt is to be taken first, then the bequest, and the remainder belongs to the heirs. Also, the heirs must be of sound mind, meaning they must be adults, sane, and capable of managing their affairs properly.
If there are minors among them, no one among the heirs may permit or relinquish the rights of these minors unless he guarantees their rights for them. Yes.
The questioner : May Allah reward you. One question, O Shaykh.
The Shaykh : By Allah, I am afraid he will come back to you later.
Praise be to Allah. May Allah reward you. Peace, mercy, and blessings of Allah be upon you.
The Shaykh : Peace be upon you, and Allah's mercy and blessings.
The questioner : Is it permissible for the heirs of a person killed by mistake to forgive the blood money for free, given that the deceased had a debt and a bequest?
The Shaykh : If the deceased had a debt and a bequest, it is not permissible for the heirs to relinquish any part of the blood money until the debt and the bequest have been settled.
This is 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 دَيْنٍIf there are minors among them, no one among the heirs may permit or relinquish the rights of these minors unless he guarantees their rights for them. Yes.
The questioner : May Allah reward you. One question, O Shaykh.
The Shaykh : By Allah, I am afraid he will come back to you later.