Does brain death have the ruling of death, such that the estate is divided among the heirs?
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Question:
He says: Honorable Shaykh, may Allah grant you success. Among the conditions is the confirmation of the death of the deceased, and the criterion for confirming his death. If a person is in a state of brain death and the specialized doctors agree that he has died brain-wise, is his estate divided even if the soul has not yet left the body? May Allah hasten [the answer].
Answer:
No, his estate is not divided, nor is he washed, shrouded, or prayed over until his soul has finally departed and nothing remains in him. Brain death does not establish the ruling of death until the soul leaves the body in a final departure.
He says: Honorable Shaykh, may Allah grant you success. Among the conditions is the confirmation of the death of the deceased, and the criterion for confirming his death. If a person is in a state of brain death and the specialized doctors agree that he has died brain-wise, is his estate divided even if the soul has not yet left the body? May Allah hasten [the answer].
Answer:
No, his estate is not divided, nor is he washed, shrouded, or prayed over until his soul has finally departed and nothing remains in him. Brain death does not establish the ruling of death until the soul leaves the body in a final departure.
Source
قناة «العلامة الدكتور صالح الفوزان»، [1605 -2802] هل موت الدماغ له حكم الموت فتقسم التركة بين الورثة؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
