Does the blood money (diyah) received by heirs after the testator's death enter into the testator's estate subject to bequest?
General Chapter
Al-Mughni
Book of Bequests
Primary text
There are differing narrations from Ahmad regarding whether the recipient of a bequest of one-third of the estate, or an undivided share thereof, receives any portion of the blood money paid after the testator's death if the testator was killed. One narration, supported by Ali, Al-Hasan, and Malik, states that the recipient is entitled to a share of the diyah. This is based on the view that the diyah is compensation for the self, which belonged to the deceased, and thus its substitute also belongs to him, allowing for its use to settle debts and funeral expenses.
Supporting text
The opposing narration, attributed to Ibn Mansur from Ahmad, states that the diyah does not enter into the bequest. This view is held by Makhul, Shariq, Abu Thawr, Dawud, and Ishaq. Malik argued that diyah for intentional homicide does not enter because it only becomes obligatory upon heirs after death, meaning it cannot precede its cause (death) nor can a new property right accrue to the deceased whose property rights ceased upon death; the deceased can only bequeath from their existing property, not from the property of their heirs.