The Inheritance of a Non-Muslim Wife
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The second question of Fatwa No. ( 20173 )
Q2: If a man dies and he has two wives, and his second wife is not Muslim, and each of them has children, do the children of the second wife inherit?
A2: One of the barriers to inheritance is a difference in religion. So, if the children of this man from his second wife are not Muslim like their mother, then they do not inherit from their father.Sunan al-Bayhaqi 9:565 Agreed upon by al-Bukhari and Muslim. However, if his children from his disbelieving wife are Muslim, or some of them are, then the Muslim among them inherits from his father like the rest of his Muslim heirs. And the fact that their mother is not
Muslim does not prevent them from inheriting from their father. Likewise, if they are minors who have not reached puberty, they are ruled to be Muslim following their father, and they inherit from him. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q2: If a man dies and he has two wives, and his second wife is not Muslim, and each of them has children, do the children of the second wife inherit?
A2: One of the barriers to inheritance is a difference in religion. So, if the children of this man from his second wife are not Muslim like their mother, then they do not inherit from their father.
The disbeliever does not inherit from the Muslim, nor does the Muslim inherit from the disbeliever
لا يرث الكافر المسلم، ولا المسلم الكافرMuslim does not prevent them from inheriting from their father. Likewise, if they are minors who have not reached puberty, they are ruled to be Muslim following their father, and they inherit from him. 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.
