Q: My father (may Allah be merciful to him) died in a car accident when he was hit by a non-Muslim Indian. The judge decided that a Diyah (blood money) should be paid. However, my father (may Allah be merciful to him) (Part No. 16; Page No. 311) bequeathed one third of his money for Sadaqah (voluntary charities) and charitable ways of disposition and we applied this after distributing his inheritance. My question is:
is the one third that my father bequeathed before his death to be taken from the Diyah as well or is the Diyah to be distributed among the inheritors so that each of them does whatever they like with it?
Please provide me with your beneficial answer. May Allah reward you with the best, safeguard, and protect you.
The concerned one third should be taken from the total inheritance of the deceased, meaning, their Diyah along with all their other money. The foregoing should be done after repaying the debts of the deceased person if he was indebted. Accordingly, each of the inheritors who received their portion of inheritance should return one third of it. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.