Answered by our Shaykh, the ‘Allāmah, the Trustworthy Advisor, Abu ‘Abdirrahmān Yahya bin ‘Ali Al-Hajūri – may Allāh preserve him – on the 25th, Dhūl-Hijjah, 1441H
Question:
If a father kills his son he is not killed as retaliation so is there diyah (blood money) upon him and does he inherit from his (son’s) wealth?
Answer:
As for inheritance then he doesn’t inherit, (the ruling of) the one who killed to receive inheritance and the one killed is something known in their chapters, and unanimous agreement has been relayed concerning this, as far as from the angle of the diyah then he pays the diyah if some of the inheritors demand it like the mother, the brothers are capped but if the mother demands then she is given, if the mother or one who has a right demands it he gives them, the qisās has fallen but the diyah for the one who demands hasn’t fallen because it is his right.
We said it is the right of the one demanding because he is the waliy (heir) of the blood;
وَمَن قُتِلَ مَظْلُومًا فَقَدْ جَعَلْنَا لِوَلِيِّهِ سُلْطَانًا فَلَا يُسْرِف فِّي الْقَتْلِ
“And whoever is killed unjustly, We have indeed given to his heir authority, so let him not exceed the limits in killing.” [Al-Isrā, 33]
And authority is in the qisās (law of retribution) and the qisās is dropped on the father, so either the diyah or pardoning, if for example the other waliy pardons then the mother either pardons or demands her share from the diyah of her child, if it is not all of it.
Translated by: Abū ‘Abdillāh ‘Omar bin Yahya Al-‘Akawi
Original Fawta Audio: https://t.me/sh_yahia_duroos/7608