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Author Topic: A Muslim's inheritance from a Kafir  (Read 492 times)

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A Muslim's inheritance from a Kafir
« on: June 14, 2011, 05:28:02 AM »
 :salam:


A Muslim's inheritance from a Kafir

Q: A family is composed of a father, a mother, four sons, and four daughters. They were all Christians. Three sons and one daughter converted to Islam. Their father died and left them a huge fortune which is around 18,000,000 Saudi Riyals. do the children who embraced Islam have the right to inherit from their non-Muslim father?

A: If the matter is as mentioned, the Muslim children whose father died as non-Muslim will not inherit. The origin of this ruling is what is related by Al-Bukhari and Muslim on the authority of Usamah ibn Zayd (may Allah be pleased with him) that the Messenger of Allah (peace be upon him) said: Neither a Muslim inherits from a disbeliever, nor does a disbeliever inherit from a Muslim.

May Allah grant us success! May peace and blessings be upon our Prophet Muhammad, his family and Companions!

Permanent Committee for Scholarly Research and Ifta'

Member     Member     Deputy Chairman
`Abdullah ibn Qa`ud     `Abdullah ibn Ghudayyan     `Abdul-Razzaq `Afify

Source: alifta.com

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Q 1: This letter is sent by some Dutch women who have embraced Islam, praise be to Allah, and who have many inquiries concerning the issue of inheritance, as our parents are non-Muslims, and a Muslim must not inherit a Kafir (disbeliever). Our parents asked us to tell them how to share their property after their death, which falls into many categories: First, a house, as the money will only be available when the house is sold after their parents' death;we cannot take part of this money during their lifetime. Is it permissible for the parents to make a grant contract with their children during their lifetime, by paying an annual sum of money that can only be reclaimed after they die and the children sell the house? Is it permissible for the parents to make a grant contract with their children, so that the latter are the real owners of the house during the lifetime of the parents, and after their death each one takes their right? If a Kafir mother has two daughters, one of whom is a Muslim and the other is a Kafir, is it permissible for the mother to make a will for her Kafir daughter to grant half of her inheritance to her Muslim sister? It is said that no bequest must be made to an heir. If we are not entitled to inherit, is it permissible to make a will for us with one third of the money? Second, jewels and valuable objects. Is it permissible for the Kafir parents to distribute such items among their children during their lifetime as a grant, provided that the children use them during their fathers' lifetime, and after their death these things are returned to the children as agreed upon in the grant? Third, trivial objects and things of low value, such as clothes, mugs and furniture. Is it permissible for us to take them and use them after their death? Is it permissible for us to give them to some Muslims or Kafirs, or simply get rid of them? If the mother dies, and the father is still alive, is it permissible for their daughter to accept her father's offer and take her mother's things such as clothes?

A: A Muslim does not inherit a Kafir, neither does a Kafir inherit a Muslim, according to the saying of the Prophet (peace be upon him), Neither a Muslim inherits a Kafir, nor does a Kafir inherit a Muslim. Agreed upon by Al-Bukhari and Muslim in the Hadith reported from Usamah (may Allah be pleased with him). However, it is permissible for the Muslim children to accept the grants, gifts and wills from their Kafir parents. They can also make contracts with them according to the Shar`y (Islamically lawful) regulations. However, it is impermissible for them to inherit their parents. If the Kafir parents deprive their Muslim children from their inheritance and dedicate all of it to their Kafir children, the Muslim children have no right to claim any of their parents' property, as this claim only takes the form of inheritance, which is a compulsory right. It is known that a Muslim does not inherit a Kafir. May Allah grant us success! May peace and blessings be upon our Prophet Muhammad, his family and Companions!

Permanent Committee for Scholarly Research and Ifta'

Member     Member     Member     Member     Chairman
Bakr Abu Zayd     `Abdul-`Aziz Al Al-Shaykh     Salih Al-Fawzan     `Abdullah ibn Ghudayyan     `Abdul-`Aziz ibn `Abdullah ibn Baz

Source: alifta.net

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The following is taken from the post of Br Moosa Richardson from salafitalk.net . Visit the link for more clarification

There is a need to make a distinction between a wasiyyah and irth. So:

wasiyyah: what someone bequeaths in writing to a non-inheritor, up to one-third of one's wealth.
irth: inheritance

The irth (inheritance) is Allaah's set distribution of a person's estate after he dies and his debts are paid and his wasiyyah's are distributed. It is what is mentioned in the hadeeth (LAA YARITHU AL-MUSLIM AL-KAAFIR, WA LAA AL-KAAFIR AL-MUSLIM) "The Muslim does not take the IRTH of the kaafir, and the kaafir does not take the irth of the Muslim."

The wasiyyah is something seperate, to be distributed before the irth, along with payments of debts. Refer to 4:11 of the Qur'aan for the mention of the differnce between these two things.

I do not know any evidence to prohibit a Muslim from taking the wasiyyah of a kaafir relative.  I hope to have this question posed soon to one of the shuyookh and it will be put up soon in shaa' Allaah.

There are a lot of details to the issue, so people should withhold from speaking until they hear something from the people of knowledge on the issue.

You may have read the hadeeth about the irth and then you prevent someone from taking a wasiyyah that was halaal for him because you spoke based on one hadeeth, so please be careful.

I even heard a miskeen brother say, after hearing that there is a difference between the rulings of irth and wasiyyah, "Naw man - you just trying to make inheriting from a kaafir halaal!"  A'oothu billaah! If a Allaah made a distinction between the two in HIS BOOK, then we affirm the distinction, and do not apply narrations regarding the irth to the wasiyyah, with NO PROOF to do so......follow the discussion here

(http://www.salafitalk.net/st/viewmessages.cfm?Forum=10&Topic=1545)
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When I first read this ayah and understood it - I realized that getting to Jannah is not easy and it wasn't easy even for the Prophet Mohamed peace be upon him and his companions. I t really touched me deeply and whenever I am down I am remember it and it lifts my spirits: Or de ye think that ye shall enter the Garden (of Bliss) without such (trials) as came to those who passed away before you? They encountered suferring and adversity, and were so shaken in spiri that even the Messenger and those of faith who were with him cried, " when (will come) the help of Allah" Ah! verily the help of Allah is (always) near!

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Re: A Muslim's inheritance from a Kafir
« Reply #1 on: June 14, 2011, 09:04:46 AM »
 :salam:

sis , this is confusing   :S

I 'll try to read and understand again :inshallah:
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My Father is greater than I.  Bible, John 14:28

Christ will never be proud to reject to be a slave to God ...( 4: 172 )



prepared by faith :)

recitation: http://quran.jalisi.com