The inheritance of the driver who caused an accident in which his father died
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Question:
Honorable Shaykh, may Allah grant you success. A man’s father told him, “Take me to such-and-such city.” An accident occurred, and the father died. Does this prevent him from inheriting?
Answer:
If a person travels with his father or a relative and an accident occurs, does the driver inherit from the relative who died in the accident with him? There is a distinction here. If the driver was negligent, and the accident happened because of the driver’s negligence—such as not knowing how to drive properly, or speeding beyond the limit, or driving while asleep—then if the driver was negligent, he does not inherit from his relative. However, if he was not negligent, and the accident occurred by divine decree and destiny, with no negligence on his part at all, then it does not prevent inheritance, because he did not cause the death of his deceased relative. Yes.
Honorable Shaykh, may Allah grant you success. A man’s father told him, “Take me to such-and-such city.” An accident occurred, and the father died. Does this prevent him from inheriting?
Answer:
If a person travels with his father or a relative and an accident occurs, does the driver inherit from the relative who died in the accident with him? There is a distinction here. If the driver was negligent, and the accident happened because of the driver’s negligence—such as not knowing how to drive properly, or speeding beyond the limit, or driving while asleep—then if the driver was negligent, he does not inherit from his relative. However, if he was not negligent, and the accident occurred by divine decree and destiny, with no negligence on his part at all, then it does not prevent inheritance, because he did not cause the death of his deceased relative. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 075 من 123 / شرح كتاب زاد المستقنع / الفرائض / ميراث المفقود / صالح الفوزان / الفقه / كبار العلماء — youtube.com (58:25)
The Arabic text is a machine transcription of the audio recording.
