The Ruling on Bequeathing the Exclusion of Sinful Heirs from Inheritance
Machine translationRead the Arabic original
The questioner:
If the heirs of the deceased are open sinners, and the testator bequeathed that the inheritance not be distributed to them unless they repent from their sins, is this bequest executed?
The Shaykh:
No, this is an unjust bequest. However, the inheritance is distributed to them even if they are open sinners, for Allah has granted them that right. Even if they are open sinners, the only one who is excluded from inheritance is the disbeliever. If they are disbelievers or hypocrites, they are excluded from inheritance. Or if they have... [garbled] the origin of the testator, even if by mistake, he does not intend it. Regarding the obstacles to inheritance, they will come, if Allah wills. Yes, he says: he tied and killed, so they killed him. This is a prelude to the obstacles: tying and killing, and a difference in religion.
If the heirs of the deceased are open sinners, and the testator bequeathed that the inheritance not be distributed to them unless they repent from their sins, is this bequest executed?
The Shaykh:
No, this is an unjust bequest. However, the inheritance is distributed to them even if they are open sinners, for Allah has granted them that right. Even if they are open sinners, the only one who is excluded from inheritance is the disbeliever. If they are disbelievers or hypocrites, they are excluded from inheritance. Or if they have... [garbled] the origin of the testator, even if by mistake, he does not intend it. Regarding the obstacles to inheritance, they will come, if Allah wills. Yes, he says: he tied and killed, so they killed him. This is a prelude to the obstacles: tying and killing, and a difference in religion.
Source
شرح زاد المستقنع [64] — alfawzan.live (44:49)
The Arabic text is a machine transcription of the audio recording.