Distributing the inheritance after repaying the deceased's debts and fulfilling the will


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Q 1 and 2: My brother died in an accident while crossing the street (may Allah be merciful to him). We received his Diyah (blood money) from the culprit, which was (Part No. 16; Page No. 444) one hundred thousand Saudi riyals through the High Court. My dead brother owed me seven thousand riyals; is it permissible to take this sum of money from the Diyah? Please advise.How can we distribute the Diyah among the heirs, who are our mother, four adult brothers, and three adult sisters? Also how can we distribute it after deducting the seven thousand riyals? Please advise.


A: If the reality is as you have mentioned, the deceased's debt should be paid off and his Shar`y (Islamically lawful) will should be executed - if he has a debt and a will - before distributing the Diyah. After this, his mother should be given one-sixth of the money and the remainder should be distributed among his seven brothers and sisters, bearing in mind that the male takes double the share of the female. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.




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