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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on Bequeathing the Exclusion of Sinful Heirs from Inheritance

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Question:
If the heirs of the deceased are open sinners, and the bequeather stipulated that the inheritance not be distributed to them unless they repent from their sins, is this bequest executed?

Answer:
No, this is an unjust bequest. However, the inheritance is distributed to them even if they are open sinners, for Allah has granted them that right. Even if they are open sinners, the only one who is excluded from the inheritance is the disbeliever. If they are disbelievers or apostates, are they excluded from the inheritance? Or if they were murderers who killed the bequeather, even if it was accidental, then Allah is just. The bequest is described as having obstacles to inheritance. The obstacles to inheritance will come, if Allah wills. Yes. He says: So he tied and killed. And a difference in religion. These are three obstacles: tying, killing, and a difference in religion.
Source قناة «العلامة الدكتور صالح الفوزان»، 141/107 شرح زاد المستقنع/ صالح الفوزان — youtube.com (44:47)

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

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