The reason for not inheriting from distant relatives and sending the deceased's wealth to the public treasury
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Question:
Honorable Shaykh, regarding the disagreement on inheritance from distant relatives, according to the Maliki view that they do not inherit, why is the deceased's wealth sent to the public treasury, and why is it not said that the wealth is set aside for that deceased person so that he receives reward for it?
Answer:
What is the deceased's? He is gone. What is the wealth's? The wealth has moved from him, so it is either for the public treasury of the Muslims or for his distant relatives. When the deceased dies, that is it; he has no wealth. As the Messenger (peace and blessings be upon him) said,, two things return and the third remains. His family and his wealth return, and his deeds remain. He has nothing but the deeds of the deceased. He has gone and left the world for you.
And Allah made this wealth to move among the servants for the sake of benefits. As soon as his soul departs, his wealth becomes wealth [for others]. If he had millions of millions, that is it; he does not go out except with his shroud. He has nothing. Just as he entered the world with nothing, so he entered the world with nothing. Then Allah gave him this wealth so that he would benefit from it, give charity from it, and prepare for his Hereafter. When he dies, it is over; the matter is finished. It goes to others, and others also take it, expand with it, and do good with it. And what a good thing this wealth is; it is a loan. "Your wealth is a loan." This means it is broad [in its circulation].
[Al-Hadid 57:7] as trustees. Yes, indeed. The hadith says wealth is Allah's wealth, but Allah gave it to the servants as a loan to benefit from it during their lifetimes, and then it moves to others.
Honorable Shaykh, regarding the disagreement on inheritance from distant relatives, according to the Maliki view that they do not inherit, why is the deceased's wealth sent to the public treasury, and why is it not said that the wealth is set aside for that deceased person so that he receives reward for it?
Answer:
What is the deceased's? He is gone. What is the wealth's? The wealth has moved from him, so it is either for the public treasury of the Muslims or for his distant relatives. When the deceased dies, that is it; he has no wealth. As the Messenger (peace and blessings be upon him) said,
Three things follow the deceased: his deeds, his family, and his wealth.
يتبع الميت ثلاثة عمله وأهله ومالهAnd Allah made this wealth to move among the servants for the sake of benefits. As soon as his soul departs, his wealth becomes wealth [for others]. If he had millions of millions, that is it; he does not go out except with his shroud. He has nothing. Just as he entered the world with nothing, so he entered the world with nothing. Then Allah gave him this wealth so that he would benefit from it, give charity from it, and prepare for his Hereafter. When he dies, it is over; the matter is finished. It goes to others, and others also take it, expand with it, and do good with it. And what a good thing this wealth is; it is a loan. "Your wealth is a loan." This means it is broad [in its circulation].
and spend out of that in which He has made you successors
وَأَنفِقُوا مِمَّا جَعَلَكُم مُّسْتَخْلَفِينَ فِيهِ
Source
قناة «العلامة الدكتور صالح الفوزان»، 41 من 89|شرح العدة في شرح العمدة|كتاب الفرائض|فصل في ميراث الخنثى|صالح الفوزان|الفقه|كبار العلماء — youtube.com (56:40)
The Arabic text is a machine transcription of the audio recording.
