Does an unborn fetus have right to portion of blood money?
Answered by our Shaykh, the ‘Allāmah, the Trustworthy Advisor, Abu ‘Abdirrahmān Yahya bin ‘Ali Al-Hajūri – may Allāh preserve him – on the 29th, Dhūl-Hijjah, 1441H
Question:
A person died because of a car accident and left a pregnant wife in the 7th month and the inheritors have pardoned the blood money, there remains some complication concerning the fetus, does he have a right to anything in the blood money or not?
Answer:
Yes, the blood money is to delayed for his (consent), either they delay it until he reaches proper age and is a young man, or they give him from the blood money itself which is not known if he will pardon or not.
And he will become one who has lost his father so he is a given a portion of the blood money, and the remainder the inheritors pardon, so if it is known that he is a male he is given the portion of blood money for the male, and female the portion of a female, and this becomes clear after its birth, not merely scans, for verily they could say this is a male and it comes in opposition to that, so the blood money is divided upon the inheritors, blood money for an intentional killing, and whether it is a blood money for intentional or unintentional, the child inherits from the blood money of his father, male or female, so if the inheritors step down from their right of the blood money then if this girl will acquire half if there is no inheritor except her,
“وَإِن كَانَتْ وَاحِدَةً فَلَهَا النِّصْف”
“and if there is one (female), she shall have half” [An-Nisā, 11]
Half of the blood money, and the other half has been pardoned by the other inheritors they have no right to it, what she is given, if it is a male and the portion of the wife is an eighth or some of the inheritors then what is remaining is for the male,
The Messenger of Allāh ﷺ said:
“ألحقوا الفرائض بأهلها فما بقي فالأولى رجل ذكر”
“Give the prescribed shares to those who are entitled to them, and what remains goes to the nearest male relative (of the deceased).” [Agreed Upon]
Transcribed to Arabic and summarised by : Abū Abdillāh Ziyād Al-Malīkī (may Allāh reward him with good)
Translated by: Abū ‘Abdillāh ‘Omar bin Yahya Al-‘Akawi
Click on the link to view the Arabic: https://t.me/sh_yahia_duroos/7671