Q: My brother (may Allah be merciful to him) was killed three years ago. After sentencing the killer to Qisas (just retaliation), his foreign wife pardoned the killer and it was written in the sentence document that the right to demand Qisas had been dropped and the heirs would demand nothing but the Diyah (blood money). Some good people interceded to make conciliation between me and the chief of the killer's tribe and we agreed to receive two million riyals as Diyah. It is worth mentioning that the killed person owed some people about 500000 riyals. Please give me a Fatwa (legal opinion issued by a qualified Muslim scholar) on the following points:1. Is it permissible for me to repay my late brother's debt from this Diyah?2. Is it permissible
for me to give the creditors, who cannot prove their financial rights through documents or witnesses,
if I already know about the debt or I trust the creditors to settle my late brother's debts and clear him from guilt?3. Do any of the relatives of the killed person other than the heirs have the right to take anything from the Diyah after having received it over a period of three years?
what has been lately received by the heirs of the killed person, such as the Diyah, is regarded as an item of inheritance. The Diyah is given as a compensation for the dead person's soul. Thus, it can be used to repay his debts and the expenses of his funeral. Accordingly, it is permissible for you
to repay your late brother's debts from his Diyah, as the Diyah is an item of his inheritance.
as for the creditors who ask for their financial rights (Part No. 21; Page No. 232) and have no witnesses or evidence, they can refer to the Shari`ah Court to prove their rights.
remaining money of your brother's Diyah after repaying his debts and executing his will - in case he had a will - is to be distributed among the heirs only. Each person takes their share of the Diyah according to their share in the inheritance. Since the Diyah is an item of inheritance, the relatives of the killed person other than the legal heirs do not deserve anything from the Diyah.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.