What is the method for dividing the salary of a deceased father who left behind only his wife, his children, his mother, and his brothers and sisters, given that there is still blood money (diyya) and a fine that have not yet been paid? Do the brothers and sisters deserve anything from the salary? And what is the share of the deceased's mother and sisters if they are entitled to a share?
The salary paid to the family of the deceased from his work, if it is a gift from the employer, then it is not included in the inheritance, and it is a right only for the recipient of the gift. If it was a right of the deceased, deducted from his salary during his lifetime, then it is included in the estate and divided among the heirs according to their legal share. Brothers and sisters have no share in the estate, as they are excluded by the presence of children.
As for the blood money (diyya) for accidental killing, it is obligatory upon the killer's 'aqila (male kin responsible for collective payment). If the 'aqila is unable to pay, then it falls upon the public treasury (Bayt al-Mal). If that is not possible, then either the diyya is waived, or it becomes obligatory upon the killer's own wealth. If the diyya becomes obligatory upon the killer's wealth, it takes precedence over the division of the estate because it is considered a debt. These issues should be referred to the court.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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