How is the money left behind by a disbeliever after his death to be handled if he has Muslim children, and among them is also one who does not pray?
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The questioner : How is the money left behind by a disbeliever after his death to be handled if he has Muslim children, and among them is also one who does not pray?
The Shaykh : Yes. If this disbeliever has disbelieving relatives, it is given to them. For example, if a Jew or a Christian has Muslim children and this Jew or Christian dies, we do not bequeath his money to his children because of the saying of the Prophet (peace and blessings be upon him):Muwatta Malik 27:18 But we look for his relatives among the Jews if he was a Jew, or among the Christians if he was a Christian, and we bequeath it to them according to the Shari'ah order.
As for the apostate, may Allah protect us from that, such as a man who died while not praying and whose origin was Muslim, the scholars (may Allah have mercy on them) differed on whether his Muslim relatives inherit from him or whether his inheritance belongs to the public treasury. Some scholars said: His Muslim relatives inherit from him because his apostasy is a departure from the religion in which he must remain, so his Muslim relatives inherit from him. And some people of knowledge said: His Muslim relatives do not inherit from him due to the generality of the saying of the Prophet (peace and blessings be upon him):Muwatta Malik 27:18 And according to this, his inheritance belongs to the public treasury; it is placed in the public treasury and spent on general public interests. Yes.
The questioner : May Allah reward you, O Shaykh. The questioner says in his third question.
The Shaykh : Yes. If this disbeliever has disbelieving relatives, it is given to them. For example, if a Jew or a Christian has Muslim children and this Jew or Christian dies, we do not bequeath his money to his children because of the saying of the Prophet (peace and blessings be upon him):
A muslim does not inherit from a kafir.
لا يرث المسلم الكافرAs for the apostate, may Allah protect us from that, such as a man who died while not praying and whose origin was Muslim, the scholars (may Allah have mercy on them) differed on whether his Muslim relatives inherit from him or whether his inheritance belongs to the public treasury. Some scholars said: His Muslim relatives inherit from him because his apostasy is a departure from the religion in which he must remain, so his Muslim relatives inherit from him. And some people of knowledge said: His Muslim relatives do not inherit from him due to the generality of the saying of the Prophet (peace and blessings be upon him):
A muslim does not inherit from a kafir.
لا يرث المسلم الكافرThe questioner : May Allah reward you, O Shaykh. The questioner says in his third question.