My father died in a car accident, and the driver was his son. Does he inherit from him or not?
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The questioner : Your Eminence, my father died in a car accident, and the driver was his son. Does he inherit from him or not? I know that some people say he inherits, while others say he does not. What is the correct ruling in this matter?
The Shaykh : The correct course of action in this matter is to refer the case to the court. This is because the scholars have differed on this issue. Some said that the killer in this manner inherits, because he did not intend to kill. Others said that he does not inherit, following the principle that the killer does not inherit from the one he killed. This second opinion is more correct. Based on this, we say that the matter the questioner asked about is referred to the court, because the judge’s ruling resolves the disagreement.
The Shaykh : The correct course of action in this matter is to refer the case to the court. This is because the scholars have differed on this issue. Some said that the killer in this manner inherits, because he did not intend to kill. Others said that he does not inherit, following the principle that the killer does not inherit from the one he killed. This second opinion is more correct. Based on this, we say that the matter the questioner asked about is referred to the court, because the judge’s ruling resolves the disagreement.