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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The bequest to disinherit sinful heirs from the inheritance and the obstacles to inheritance

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The questioner:
He says: Honorable Shaykh, may Allah grant you success. If the heirs of the deceased are open sinners, and the deceased 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 and is not permissible. It is distributed to them even if they are open sinners. Allah has given them that right, even if they are open sinners. The only one who is forbidden from the inheritance is the disbeliever, if they are disbelievers or apostates, in which case they are forbidden from the inheritance. Or if they are murderers who killed the deceased, even if it was accidental, then they do not inherit. The obstacles to inheritance, the obstacles to inheritance, will come to you, if Allah wills. Yes.

The questioner:
We say, Honorable Shaykh.

The Shaykh:
Slavery, murder, and difference in religion. These are the three obstacles: slavery, murder, and difference in religion.
Source قناة «العلامة الدكتور صالح الفوزان»، 071 من 123 / شرح كتاب زاد المستقنع / الفرائض / صالح الفوزان / الفقه / كبار العلماء — youtube.com (56:51)

The Arabic text is a machine transcription of the audio recording.

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