A man whose father died an apostate, having abandoned prayer: is it permissible for the heirs to take his wealth if they are in need?
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The Shaykh : He says: If a man’s father died and did not pray, is it permissible for the heirs to take his wealth, especially if his family is in need of this money? Some scholars hold that an apostate leaves an inheritance but does not inherit. Did you hear?
Among those who held this view was the Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him), who argued that the Companions (may Allah be pleased with them) inherited from the relatives of apostates during the period of apostasy.
However, it appears to me that this is not correct, because the hadith of Usamah ibn ZaydSunan Abi Dawud 2909Sahih (Al-Albani) does not exclude anything. Yes, if it were the case that they are in need, as the questioner stated, and they take it for their need, then this might have a basis. They would take the amount of their need, like others who take from the Bayt al-Mal. Otherwise, it is obligatory that his inheritance be directed to the Bayt al-Mal. Did you understand now? And did you understand?
The questioner : ... .
The Shaykh : Here, what is it?
The questioner : ... .
The Shaykh : Who?
The questioner : ... .
The Shaykh : The one who does not pray is a disbeliever, even if he fasts, even if he performs Hajj, even if he gives charity, as long as he does not pray, he is a disbeliever. Did you know? Well, if he is a disbeliever and his relatives are Muslims, what did I say just now? I said the correct view is that they do not inherit from him. The correct view is that they do not inherit from him, and that his inheritance belongs to the Bayt al-Mal. Some scholars said: The apostate does not inherit but leaves an inheritance; his Muslim relatives inherit from him, but if he dies and has a Muslim relative, he does not inherit from them. This was the choice of the Shaykh al-Islam Ibn Taymiyyah. But the hadith of Usamah indicates, by its generality, that the matter is not so.
Among those who held this view was the Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him), who argued that the Companions (may Allah be pleased with them) inherited from the relatives of apostates during the period of apostasy.
However, it appears to me that this is not correct, because the hadith of Usamah ibn Zayd
A Muslim may not inherit from an infidel nor an infidel from a Muslim.
لا يرث المسلم الكافر ولا الكافر المسلمThe questioner : ... .
The Shaykh : Here, what is it?
The questioner : ... .
The Shaykh : Who?
The questioner : ... .
The Shaykh : The one who does not pray is a disbeliever, even if he fasts, even if he performs Hajj, even if he gives charity, as long as he does not pray, he is a disbeliever. Did you know? Well, if he is a disbeliever and his relatives are Muslims, what did I say just now? I said the correct view is that they do not inherit from him. The correct view is that they do not inherit from him, and that his inheritance belongs to the Bayt al-Mal. Some scholars said: The apostate does not inherit but leaves an inheritance; his Muslim relatives inherit from him, but if he dies and has a Muslim relative, he does not inherit from them. This was the choice of the Shaykh al-Islam Ibn Taymiyyah. But the hadith of Usamah indicates, by its generality, that the matter is not so.