Inheritance of a disbeliever from a Muslim
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The second question of Fatwa No. ( 9438 ).
Q2: A Muslim man died and left behind disbelieving children. It is well known that a disbeliever does not inherit from a Muslim, and the same applies in reverse. However, before the estate of the deceased man was divided, his children, who were disbelievers at the time of their father's death, embraced Islam with a sincere intention, not for the sake of the estate (their Islam). Do they inherit from their father or not? What is the ruling?
A2: There is scholarly disagreement on this, and the correct view is that they do not inherit, which is the opinion of the majority of scholars; based on the saying of the Prophet (peace and blessings be upon him):Sunan al-Bayhaqi 9:565 narrated by Ahmad and al-Bukhari and Muslim and the compilers of the Sunan. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q2: A Muslim man died and left behind disbelieving children. It is well known that a disbeliever does not inherit from a Muslim, and the same applies in reverse. However, before the estate of the deceased man was divided, his children, who were disbelievers at the time of their father's death, embraced Islam with a sincere intention, not for the sake of the estate (their Islam). Do they inherit from their father or not? What is the ruling?
A2: There is scholarly disagreement on this, and the correct view is that they do not inherit, which is the opinion of the majority of scholars; based on the saying of the Prophet (peace and blessings be upon him):
The disbeliever does not inherit from the Muslim, nor does the Muslim inherit from the disbeliever
لا يرث الكافر المسلم، ولا المسلم الكافر
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.