The heirs of someone who died before making Kaffarah
I had a forty-two-year-old brother who died in 5/10/1418 A.H. after a long fight with illness. In his last days, he was unconscious in hospital, and he could not observe Sawm (fasting) during the month of Ramadan. (Part No. 21; Page No. 327) His medical condition was bad, as he suffered from tuberculosis, and he underwent many surgeries while he was in hospital. He had also had a car accident in 1399 A.H. where he caused the death of two people. It was decided by the traffic department that his responsibility for the accident was 20%, and the bereaved families conceded the Diyah (blood money). As for
the Kaffarah (expiation) of accidental killing, my brother could not observe Sawm before his death.
He left six thousand Riyals that I found in his car, in addition to his share of the social security that I received for the year in which he died; it was 5,400 Riyals. He also had five shares in Al-Rajihy Company, their value is five hundred Riyals. He also had two thousand Riayls from a money pool deposited in the bank. We sold his car for forty two thousand Riyals, and paid his debts from its money. His mother is still alive, and he has five brothers and four sisters. All of us are ready to concede our shares in the inheritance and dedicate it to charitable ways of disposition. He does not have children, and he never married in his life. Please advise concerning everything mentioned above.
If the situation is as you mentioned, your brother is excused for not observing Sawm, as he could not do it because of his illness until he died. As for the accident (Part No. 21; Page No. 328) in which he bears 20% of the responsibility, he should pay Kaffarah for accidental killing of the two people who died, as he was partly responsible for it. As he died before paying the Kaffarah, his heirs should pay it from his legacy. It is either emancipating a believing slave, or, if not possible, volunteering to observe Sawm on his behalf, two consecutive months for each person. A volunteer will be rewarded by Allah. This is proved by what was narrated on the authority of
`Aishah (may Allah be pleased with her) that the Messenger of Allah (peace be upon him) said,
If anyone dies in a state (that they had to complete) some days of Sawm, one of their heirs must observe Sawm on their behalf.
Muslim in their Sahih (authentic) books of Hadith.
As for the money left by your brother, the original ruling is that it should be distributed among the heirs as stated in the Qur'an and the Sunnah of the Messenger of Allah (peace be upon him). If all the heirs or some of them concede their right in the inheritance willingly, and want to make it a Sadaqah Jariyah (ongoing charity), you will be rewarded for it, and the deceased will be rewarded as well in shaa'-Allah (if Allah wills).May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.