The death of a husband and wife in a fire, and it is unknown which of them died first
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Fatwa number ( 6276 )
Q: Allah the Exalted willed that my daughter, her husband, their two children, my wife, and my two daughters—seven people in total—be taken by Allah in a car accident, where a gas car struck them, the car caught fire, and it was not known who died first, even through the hospital, because the bodies were ashes and fragments, may Allah protect you. The issue is that my daughter’s husband has wealth. Does my daughter inherit from her husband, and vice versa? And do I inherit from my daughter? I ask you to issue a ruling on this matter, may Allah reward you with good, urgently; because there is a dispute between me and the husband’s father before the judge of the Rahimah court. The judge asked us to inquire about this matter from you, may Allah reward you with all good, as we hope that you will send a statement of the fatwa to the judge of Rahimah urgently.
A: If the matter is as described, namely the death of the husband and wife in a fire and it is unknown which of them died first, then the correct view is that neither of the two who died in the fire inherits from the other; because the condition of inheritance is not fulfilled, which is: the life of the heir after the death of the deceased. And the wealth of each of the two who died belongs to their heirs other than the one who died with them. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Allah the Exalted willed that my daughter, her husband, their two children, my wife, and my two daughters—seven people in total—be taken by Allah in a car accident, where a gas car struck them, the car caught fire, and it was not known who died first, even through the hospital, because the bodies were ashes and fragments, may Allah protect you. The issue is that my daughter’s husband has wealth. Does my daughter inherit from her husband, and vice versa? And do I inherit from my daughter? I ask you to issue a ruling on this matter, may Allah reward you with good, urgently; because there is a dispute between me and the husband’s father before the judge of the Rahimah court. The judge asked us to inquire about this matter from you, may Allah reward you with all good, as we hope that you will send a statement of the fatwa to the judge of Rahimah urgently.
A: If the matter is as described, namely the death of the husband and wife in a fire and it is unknown which of them died first, then the correct view is that neither of the two who died in the fire inherits from the other; because the condition of inheritance is not fulfilled, which is: the life of the heir after the death of the deceased. And the wealth of each of the two who died belongs to their heirs other than the one who died with them. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.