Q: I had a car accident which caused the death of my father's cousin and two of my cousins who were with me in the car. The heirs of my father's cousin and one of my cousins gave up their right to the Diyah (blood money) as they were not married. However, the other was married and has a two-year old daughter and a wife pregnant in her third month. After she gave birth to a boy, the father, mother, and wife of the deceased gave up their rights to the Diyah and I paid the share of the two kids. However, the grandfather of the two kids asked me to take it back and he will take care of them until they reach the legal age and will bequeath them their father's share.Your Honor, their grandfather requests I take back the blood money in accordance with their traditions, even though this contradicts their customs. (Part No. 21; Page No. 260) My questions are:(1) Is it permissible for the grandfather of the kids
to act freely regarding their father's blood money?
(2) Does their share of the blood money lapse because their grandfather considers them
in their father's place?
(3) Is it permissible for me to accept the money, which their grandfather insisted on returning back to me?Your Honor, would you please write back to us so that I will be able to convince the grandfather to take the blood money and invest it for them until they reach the legal age. May Allah reward you.
their grandfather has no right to act freely regarding their father's blood money except in whatever benefits them.
their right does not lapse by their grandfather's renouncing their right.
you should not take the money back from their grandfather.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.