What is incumbent upon the family of a man who died after having accidentally killed a child and intended to pay the blood money or fast, but was unable to do so, knowing that the victim's family is unknown?
The heirs of a man who was killed by mistake and died before paying the blood money (diyah) and expiation () are obliged to do two things: expiation and blood money.
The heirs must pay the expiation from his estate. Since freeing a slave and fasting are not possible, they can feed sixty poor people on his behalf. As for the blood money, the male relatives on the paternal side ('aqilah) of the killer are obligated to pay it to the family of the killed child, unless they pardon it. If there is no family for the victim, then nothing is incumbent upon the 'aqilah. If the 'aqilah are unable to pay the blood money, then the public treasury (bayt al-mal) should pay it.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 130640
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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