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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Inheritance among those who died in a single incident

Machine translationRead the Arabic original
The questioner:
If Allah wills, here it is.

The Shaykh:
The school of thought is that they inherit from one another, they inherit from one another; this is the position of the Hanbalis.

The questioner:
And the stronger position, yes.

The Shaykh:
What is currently practiced, I think, in the courts is that they inherit from one another according to the school of thought. They inherit from one another according to the school of thought: the death of one of them is estimated to have occurred first, and then his living heirs inherit from him, and then those who died with him. Then cases are worked out for those who died with him and compared by their shares. A common denominator is calculated, and when that is finished, it is estimated that the deceased who was estimated in the first case died first, and so on until the matter of the relatives who died in a single incident is concluded. The school of thought holds that they inherit from one another as a precaution, because the default, the default is inheritance. This is the default, and inheritance is not negated except by certainty that prevents it.
We do not have certainty that prevents it. We do not know which of them died first. We do not know which of them died first. There is no certainty; there is only possibility, and possibility does not preserve inheritance. So we remain with the default. This is what the Hanbalis followed, and others say, "No, they do not inherit from one another." The poet says, "So do not make a drowning person inherit from a drowning person." Al-Rahbi says, "Do not make a drowning person inherit from a drowning person." But there is a consideration here, because the default is inheritance, and inheritance is not invalidated except by certainty that invalidates it, and we do not have certainty. Yes. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 45 من 89|شرح العدة في شرح العمدة|كتاب الفرائض|باب موانع الميراث|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:03:43)

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

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