Inheritance between a Muslim husband and his People of the Book wife, and the disposition of the wealth
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, does a Muslim husband inherit from his People of the Book wife, and vice versa, if there are no other heirs?
The Shaykh:
Between a Muslim and a disbeliever. If a Muslim marries a woman from the People of the Book, there is no inheritance between them. This is based on the saying of the Messenger (peace and blessings be upon him)Sunan Abi Dawud 2909Sahih (Al-Albani). This applies to all wives from the People of the Book. Yes.
The questioner:
And if there are no other heirs, where does the wealth go?
The Shaykh:
If there are no heirs, the wealth goes to the relatives (dhawu al-aram) as you know, to the relatives. If there are no relatives, and it is cut off and no one is known to be related, then it goes to the public treasury (Bayt al-Mal). It becomes the property of the public treasury for the benefit of the Muslims. Yes, because the ruler is the heir of the one who has no heir. Yes.
Honorable Shaykh, does a Muslim husband inherit from his People of the Book wife, and vice versa, if there are no other heirs?
The Shaykh:
Between a Muslim and a disbeliever. If a Muslim marries a woman from the People of the Book, there is no inheritance between them. This is based on the saying of the Messenger (peace and blessings be upon him)
A Muslim may not inherit from an infidel nor an infidel from a Muslim.
لا يرث المسلم الكافر ولا الكافر المسلمThe questioner:
And if there are no other heirs, where does the wealth go?
The Shaykh:
If there are no heirs, the wealth goes to the relatives (dhawu al-aram) as you know, to the relatives. If there are no relatives, and it is cut off and no one is known to be related, then it goes to the public treasury (Bayt al-Mal). It becomes the property of the public treasury for the benefit of the Muslims. Yes, because the ruler is the heir of the one who has no heir. 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 (1:06:12)
The Arabic text is a machine transcription of the audio recording.