One who causes the death of his deceased relative does not inherit from him
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Fatwa number ( 20580 )
Q: A traffic accident happened to our father, and the driver of the car was ill, which led the son who was driving the car to drive under the influence of anxiety
and fear for his father's health, heading him to the hospital, and it was Allah's decree that the accident occurred. After the traffic department inspected the accident, the percentage of fault was attributed to our brother at 85%, and neither he, i.e., the driver, nor the passengers were harmed in any way; only the father passed away. Since we went to the court of the 'Asir province to obtain a certificate of heirs, the judge informed us that our brother who was driving the car with the father is excluded from the certificate of heirs and barred from inheritance. Given the circumstances mentioned, we kindly request that you provide us in writing with a legal ruling regarding his right to inheritance or its absence, and regarding the expiation that results from this. May Allah preserve you and grant you success in doing good, and may Allah reward you with good.
A: One who causes the death of his deceased relative does not inherit from him; because killing is a barrier to inheritance, whether the killing was intentional or accidental. What indicates this is what was narrated by 'Amr ibn Shu'ayb (may Allah be pleased with him), who said: 'Umar (may Allah be pleased with him) said:Musnad Ahmad 347, 348Hasan because of corroborating evidence; this isnad is da'eef Hasan because of corroborating evidence; this isnad is da\'eef, because it is interrupted] (Darussalam) It was narrated by Imam Ahmad in his Musnad and by Abu Dawud in his Sunan. What the judge did in excluding your brother from the certificate of heirs and barring him from his father's inheritance is in accordance with what the Prophet (peace and blessings be upon him) and his Companions (may Allah be pleased with them) after him ruled. And since your brother
is liable for a percentage of the accident, he owes the expiation for accidental killing, which is: freeing a believing slave. If he does not find one or cannot afford it, he must fast two complete consecutive months, i.e., sixty days, as expiation for accidental killing; because he caused the death of his father (may Allah have mercy on him). If the heirs voluntarily give to this son, who is barred from inheritance, the amount of his share out of their own free will, that is permissible, and you will have reward and recompense for that in compensating for his distress, especially since he did not intend to kill his father. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: A traffic accident happened to our father, and the driver of the car was ill, which led the son who was driving the car to drive under the influence of anxiety
and fear for his father's health, heading him to the hospital, and it was Allah's decree that the accident occurred. After the traffic department inspected the accident, the percentage of fault was attributed to our brother at 85%, and neither he, i.e., the driver, nor the passengers were harmed in any way; only the father passed away. Since we went to the court of the 'Asir province to obtain a certificate of heirs, the judge informed us that our brother who was driving the car with the father is excluded from the certificate of heirs and barred from inheritance. Given the circumstances mentioned, we kindly request that you provide us in writing with a legal ruling regarding his right to inheritance or its absence, and regarding the expiation that results from this. May Allah preserve you and grant you success in doing good, and may Allah reward you with good.
A: One who causes the death of his deceased relative does not inherit from him; because killing is a barrier to inheritance, whether the killing was intentional or accidental. What indicates this is what was narrated by 'Amr ibn Shu'ayb (may Allah be pleased with him), who said: 'Umar (may Allah be pleased with him) said:
Were it not that I heard the Messenger of Allah (ﷺ) say, “The killer gets nothing (from the estate of the one he murdered),` I would have included you among the heirs. And he called the maternal uncle of the one who had been killed and gave the camels to him.
لولا أني سمعت رسول الله صلى الله عليه وسلم يقول: ليس لقاتل شيء، لورثتك، قال: ودعا خال المقتول فأعطاه الإبلis liable for a percentage of the accident, he owes the expiation for accidental killing, which is: freeing a believing slave. If he does not find one or cannot afford it, he must fast two complete consecutive months, i.e., sixty days, as expiation for accidental killing; because he caused the death of his father (may Allah have mercy on him). If the heirs voluntarily give to this son, who is barred from inheritance, the amount of his share out of their own free will, that is permissible, and you will have reward and recompense for that in compensating for his distress, especially since he did not intend to kill his father. 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.