The bequest to a son who dies with his father and the ruling on his inheritance
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success, if a father gifts one of his children scattered amounts of money,
The Shaykh:
If.
The questioner:
If a father gifts one of his children.
The Shaykh:
The question that passed to me, and he bequeathed to his son, then they went with his case, repeat it.
The questioner:
If a father bequeaths to his son before his death, but when he dies, this father dies with this son in an accident, this son is excluded; because he has become the killer of his father, so does he inherit, or is the bequest valid for him?
The Shaykh:
There is a distinction in this. If the accident was due to the driver’s negligence, or because he does not know how to drive, or because he was speeding, or because he did not check the car and there was a defect in it, or because he was with people and they hit him, he does not know how to drive or he drives badly, then this is an accidental killing. He does not inherit; he is excluded from the inheritance, and the bequest is invalid because its owner died. The one who made the bequest died, he died with his father, he did not die after his father so that it would transfer to his inheritance, but rather he died with his father at the same time, so the bequest is invalid. Yes.
He says: Honorable Shaykh, may Allah grant you success, if a father gifts one of his children scattered amounts of money,
The Shaykh:
If.
The questioner:
If a father gifts one of his children.
The Shaykh:
The question that passed to me, and he bequeathed to his son, then they went with his case, repeat it.
The questioner:
If a father bequeaths to his son before his death, but when he dies, this father dies with this son in an accident, this son is excluded; because he has become the killer of his father, so does he inherit, or is the bequest valid for him?
The Shaykh:
There is a distinction in this. If the accident was due to the driver’s negligence, or because he does not know how to drive, or because he was speeding, or because he did not check the car and there was a defect in it, or because he was with people and they hit him, he does not know how to drive or he drives badly, then this is an accidental killing. He does not inherit; he is excluded from the inheritance, and the bequest is invalid because its owner died. The one who made the bequest died, he died with his father, he did not die after his father so that it would transfer to his inheritance, but rather he died with his father at the same time, so the bequest is invalid. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 069 من 123 / شرح كتاب زاد المستقنع / الوصايا / صالح الفوزان / الفقه / كبار العلماء — youtube.com (29:17)
The Arabic text is a machine transcription of the audio recording.