Ruling on one who kills by mistake and has minor heirs
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Question:
A letter was sent by the listener (S. A.) stating: An accident occurred involving a man, and as a result, the man passed away to the mercy of Allah—may Allah shower him with His vast mercy and settle him in His spacious Paradise. The accident happened to the man from behind the car he was driving. Since the man is deceased, he has children, and I believe they are minors. A discussion took place among his relatives; some of them wish to forgive the man who struck the deceased from behind, while others wish to take the blood money (diyah) and spend it on the children. Some say: We will build a mosque for him and dig a well in a desert area, so that the reward is for him. Others say: We will take the blood money and give it in charity if it is ruled so by the Shari'ah, so that the reward is for the deceased. Please guide us regarding the best course of action: is it forgiveness, or what we have mentioned? May Allah reward you with good.
Answer:
If the deceased has young children, or children who are insane, or those who are not of sound mind, then forgiveness is not permissible. Rather, it is obligatory for their guardian to take the blood money, preserve it for them, and spend it on their interests. It is not permissible for their guardian to forgive the blood money. However, if the heirs are of sound mind, with no minor among them, and they wish to forgive, there is no blame on them. Or if they wish to use it for building a mosque, or digging a well in a desert that benefits the Muslims, or giving it as charity to the poor, or assisting the mujahideen, all of this is permissible. They are free to do so because they are of sound mind and can dispose of it as they wish.
The better course is for them to take it and not forgive the one who struck them, so that people do not become lax in striking and encroaching upon others. What they should do is take the blood money, and then dispose of it as they see fit if they are of sound mind. They can either distribute it among themselves and spend it, or spend it in a direction of righteousness, such as building a mosque, giving charity to the poor, or spending it on the mujahideen in the path of Allah, or the like.
As for if they are not of sound mind, or if there is among them one who is not of sound mind, then it is not permissible for the guardian of the minor to forgive any of it, whether the minor is a child, an imbecile, an insane person, or a spendthrift. It is not permissible for his guardian to forgive. Rather, he must take his right of the blood money and preserve it for the minor until he spends on him from it, or spends it on his interests, such as building his property, or the like. Yes.
The presenter : May Allah reward you with good.
A letter was sent by the listener (S. A.) stating: An accident occurred involving a man, and as a result, the man passed away to the mercy of Allah—may Allah shower him with His vast mercy and settle him in His spacious Paradise. The accident happened to the man from behind the car he was driving. Since the man is deceased, he has children, and I believe they are minors. A discussion took place among his relatives; some of them wish to forgive the man who struck the deceased from behind, while others wish to take the blood money (diyah) and spend it on the children. Some say: We will build a mosque for him and dig a well in a desert area, so that the reward is for him. Others say: We will take the blood money and give it in charity if it is ruled so by the Shari'ah, so that the reward is for the deceased. Please guide us regarding the best course of action: is it forgiveness, or what we have mentioned? May Allah reward you with good.
Answer:
If the deceased has young children, or children who are insane, or those who are not of sound mind, then forgiveness is not permissible. Rather, it is obligatory for their guardian to take the blood money, preserve it for them, and spend it on their interests. It is not permissible for their guardian to forgive the blood money. However, if the heirs are of sound mind, with no minor among them, and they wish to forgive, there is no blame on them. Or if they wish to use it for building a mosque, or digging a well in a desert that benefits the Muslims, or giving it as charity to the poor, or assisting the mujahideen, all of this is permissible. They are free to do so because they are of sound mind and can dispose of it as they wish.
The better course is for them to take it and not forgive the one who struck them, so that people do not become lax in striking and encroaching upon others. What they should do is take the blood money, and then dispose of it as they see fit if they are of sound mind. They can either distribute it among themselves and spend it, or spend it in a direction of righteousness, such as building a mosque, giving charity to the poor, or spending it on the mujahideen in the path of Allah, or the like.
As for if they are not of sound mind, or if there is among them one who is not of sound mind, then it is not permissible for the guardian of the minor to forgive any of it, whether the minor is a child, an imbecile, an insane person, or a spendthrift. It is not permissible for his guardian to forgive. Rather, he must take his right of the blood money and preserve it for the minor until he spends on him from it, or spends it on his interests, such as building his property, or the like. Yes.
The presenter : May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.