The husband who caused his wife's death by overturning his car: does he inherit?
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Fatwa number ( 21332 )
Q: My sister (may Allah have mercy on her) passed away in her fourth month of pregnancy, if Allah knows, in a car accident while she was accompanying her husband, who was driving the overturned car. She left behind three young children, and her parents are still alive. Please note that our father is an elderly shaykh who does not comprehend matters; that is, he has lost his memory. Is it permissible to waive his right to the blood money and not claim it? Also, does the husband who caused his wife's death by overturning his car inherit from her?
May Allah guide you?
A: If the situation is as described, then the husband of the woman who died in the accident for which he was responsible—because he was driving the car—does not inherit anything from her. This is based on the saying of the Prophet (peace and blessings be upon him):Bulugh al-Maram 7:218 , provided that he is liable for the accident. As for her father, who has lost his mental capacity, it is not permissible for anyone to waive his right to his inheritance from her, and his waiver of that right is invalid. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My sister (may Allah have mercy on her) passed away in her fourth month of pregnancy, if Allah knows, in a car accident while she was accompanying her husband, who was driving the overturned car. She left behind three young children, and her parents are still alive. Please note that our father is an elderly shaykh who does not comprehend matters; that is, he has lost his memory. Is it permissible to waive his right to the blood money and not claim it? Also, does the husband who caused his wife's death by overturning his car inherit from her?
May Allah guide you?
A: If the situation is as described, then the husband of the woman who died in the accident for which he was responsible—because he was driving the car—does not inherit anything from her. This is based on the saying of the Prophet (peace and blessings be upon him):
One who kills a man cannot inherit anything from him.
ليس للقاتل من الميراث شيء
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.