A man died an apostate and his heirs had not reached puberty; do they inherit from him?
Machine translationRead the Arabic original
The questioner : The second question: The inheritance of a disbeliever. A man apostatized from Islam, and after his death his sons returned to Islam. They inherited from their father while in a state of disbelief. Do they benefit from their father's inheritance or not?
The Shaykh : You mean the father and the children were all Muslims?
The questioner : Yes.
The Shaykh : Then the father became a disbeliever?
The questioner : Then the father apostatized.
The Shaykh : Then the father became a disbeliever and died a disbeliever?
The questioner : Yes, and the children were in his custody; they had not yet reached maturity, correct?
The Shaykh : You mean that when the father died in a state of disbelief, they had not reached the age of maturity?
The questioner : Yes, then they returned to Islam. Do they benefit from what the father left behind or not?
The Shaykh : You say: they returned to Islam. Do you mean what you are saying? Because the meaning of your statement, "they returned to Islam," is that they were disbelievers.
The questioner : The question was put to me in this way: that they were disbelievers.
The Shaykh : How can we say they were disbelievers and, at the same time, say that they had not reached the age of maturity? There is a contradiction in the statement. I will answer regarding both possibilities. I say: If they had reached the age of maturity and were Muslims when their father died, then a Muslim does not inherit from a disbeliever, nor does a disbeliever inherit from a Muslim, as you know. However, if their father died while they had not reached the age of maturity, they are with their fathers, so they inherit from one another. Did you understand me?
The questioner : Yes.
The Shaykh : Fine, something else.
The questioner : Something else,
The Shaykh : You mean the father and the children were all Muslims?
The questioner : Yes.
The Shaykh : Then the father became a disbeliever?
The questioner : Then the father apostatized.
The Shaykh : Then the father became a disbeliever and died a disbeliever?
The questioner : Yes, and the children were in his custody; they had not yet reached maturity, correct?
The Shaykh : You mean that when the father died in a state of disbelief, they had not reached the age of maturity?
The questioner : Yes, then they returned to Islam. Do they benefit from what the father left behind or not?
The Shaykh : You say: they returned to Islam. Do you mean what you are saying? Because the meaning of your statement, "they returned to Islam," is that they were disbelievers.
The questioner : The question was put to me in this way: that they were disbelievers.
The Shaykh : How can we say they were disbelievers and, at the same time, say that they had not reached the age of maturity? There is a contradiction in the statement. I will answer regarding both possibilities. I say: If they had reached the age of maturity and were Muslims when their father died, then a Muslim does not inherit from a disbeliever, nor does a disbeliever inherit from a Muslim, as you know. However, if their father died while they had not reached the age of maturity, they are with their fathers, so they inherit from one another. Did you understand me?
The questioner : Yes.
The Shaykh : Fine, something else.
The questioner : Something else,
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.