Distributing the inheritance among people who died in the same accident


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Q: A man, his wife, and his four children - three sons and a daughter - died in a car accident; all of them died suddenly, and it is impossible to know who died first. All of them died at the scene of the accident, and at the same time, none of them has been witnessed to be alive. The inheritors of the man were only his mother and his father, and the inheritors of the wife were only her mother and her father. There was a Diyah (blood money) for all the dead; sixteen thousand for the male and eight thousand for the female. The question is about the Diyah of the four children; the three males and one female, as there was fifty-six thousand Riyals as Diyah. Since I am the legal trustee responsible for distributing the inheritance among the legal heirs, I want to give each one their legal rights, so I hope that you would provide me with a Fatwa regarding the following:1- Is the paternal grandmother of the children entitled to inherit their Diyah along with their paternal grandfather? (Part No. 16; Page No. 541) How much would her share be?2- Is the maternal grandmother of the children entitled to inherit the Diyah along with their paternal grandmother? How much would her share be?


A: The questioner has mentioned that the man died leaving behind a mother and a father; the wife died leaving behind a mother and a father, and that the four children died leaving behind a paternal grandfather and grandmother and a maternal grandmother. He also said that they all died in a car accident without knowing who died first. Therefore, those who died do not inherit each other, for one of the conditions of inheritance is that the heirs must be alive after the death of the testator. Since this condition is missing in this case, one sixth of the Diyah of the children is to be distributed between their paternal and maternal grandmothers, and five-sixths of it shall be given to their paternal grandfather. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.




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