Q:
My father died in a car accident along with
the driver of the other car. It should be mentioned that the other driver was fully responsible for the accident. As the legal guardian for six heirs; two girls and four boys, I would like to pardon the other deceased's family (exempt them from paying the Diyah - blood money), for they both died. Am I entitled to pardon them on behalf of my brothers? I do not want to take the Diyah, and I am already liable for my brothers' maintenance till they reach maturity. I ask Allah, then you, to guide me to the answer.
A:
If the situation is as mentioned, you can waive your own personal right. However, you can only do this on behalf of the other heirs if they authorize you, provided that they are of legal age. Being responsible for them does not entitle you to relinquish their right. (Part No. 21; Page No. 259) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.
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