If an heir and the deceased die at the same time; do they inherit from each other?
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Question:
He says: Honorable Shaykh, may Allah grant you success, if an heir and the deceased die at the same time, such as in a car accident, for example, do they inherit from each other? This falls under the chapter of drowning and collapse, and the jurists of inheritance have established a chapter for it, which is an incident that befalls everyone. If a group of people die by collapse, drowning, or an incident that befalls everyone, such as a fire, then one who is drowned does not inherit from one who is drowned.
Answer:
The scholars differed on this. As for when it is not known who died first and who died later, or when the one who died first and the one who died later is known, or when it is unknown—meaning there are possibilities—if the one who died first and the one who died later is known, then the one who died later inherits from the one who died first. If the situation is unknown, meaning it is not known which of them died first and which died later?
This is the point of disagreement. According to Ahmad, they inherit from each other. According to the majority, they do not inherit from each other, and this is the correct position, because the life of the heir has not been established after the death of the deceased. Imam Ahmad says that the default is inheritance, and inheritance is not dropped except by evidence, and there is no evidence here. So the default is inheritance. This is the crux of the disagreement among the scholars. So the result is that collapse, drowning, fire, and car accidents require this distinction. And this is referred to the judges, to traffic reports, and to doctors as well, because doctors may know who died first.
The death of the deceased is established. And look, if it is established that they both died together, meaning it is established that they all died together, then there is no inheritance. If it is established that one of them died before the other, then there is inheritance here. If it is established that they all died together, then there is no inheritance. If it is established that one of them died later, then inheritance exists by consensus.
The disagreement is only when the matter is unknown and the state of the one who died first is unknown, so one who is drowned does not inherit from one who is drowned if the situation is unknown. This is the point of disagreement. Yes.
He says: Honorable Shaykh, may Allah grant you success, if an heir and the deceased die at the same time, such as in a car accident, for example, do they inherit from each other? This falls under the chapter of drowning and collapse, and the jurists of inheritance have established a chapter for it, which is an incident that befalls everyone. If a group of people die by collapse, drowning, or an incident that befalls everyone, such as a fire, then one who is drowned does not inherit from one who is drowned.
Answer:
The scholars differed on this. As for when it is not known who died first and who died later, or when the one who died first and the one who died later is known, or when it is unknown—meaning there are possibilities—if the one who died first and the one who died later is known, then the one who died later inherits from the one who died first. If the situation is unknown, meaning it is not known which of them died first and which died later?
This is the point of disagreement. According to Ahmad, they inherit from each other. According to the majority, they do not inherit from each other, and this is the correct position, because the life of the heir has not been established after the death of the deceased. Imam Ahmad says that the default is inheritance, and inheritance is not dropped except by evidence, and there is no evidence here. So the default is inheritance. This is the crux of the disagreement among the scholars. So the result is that collapse, drowning, fire, and car accidents require this distinction. And this is referred to the judges, to traffic reports, and to doctors as well, because doctors may know who died first.
The death of the deceased is established. And look, if it is established that they both died together, meaning it is established that they all died together, then there is no inheritance. If it is established that one of them died before the other, then there is inheritance here. If it is established that they all died together, then there is no inheritance. If it is established that one of them died later, then inheritance exists by consensus.
The disagreement is only when the matter is unknown and the state of the one who died first is unknown, so one who is drowned does not inherit from one who is drowned if the situation is unknown. This is the point of disagreement. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [1604 -2802] إذا مات وارث ومُورث في الوقت ذاته؛ هل يتوارثان؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
