Chapter: The Inheritance of the Prisoner. It is said: Shurayh used to allow the prisoner in the hands of the enemy to inherit, saying: He is in greater need of it.
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The Reciter: "Chapter: The Inheritance of the Prisoner".
It is said: Shurayh used to allow the prisoner in the hands of the enemy to inherit, saying: "He is in greater need of it".
And 'Umar ibn 'Abd al-'Aziz said: "I validate the bequest of the prisoner, his freeing of slaves, and what he does with his wealth, as long as he has not changed from his religion, for it is his wealth and he may do with it what he wishes".
The Shaykh : His statement: "Chapter: The Inheritance of the Prisoner", is this from the chapter of adding the source to its doer or its done-to? Consider?
The student: The done-to.
The Shaykh : The inheritance of the prisoner? Is the prisoner an heir or one who is inherited from?
The student: One who is inherited from.
The Shaykh : No, my brothers, he is an heir, meaning, does the prisoner inherit or not? It seems there is a difference of opinion, and Allah knows best. It seems those who said he does not inherit said so because if he inherited, it would be a risk that the enemy would take his inheritance.
The important point is that the inheritance of the prisoner, meaning the chapter of whether the prisoner inherits or not, there is no doubt that the prisoner falls under the general evidences indicating inheritance, so he inherits. For this reason, Shurayh said: "The prisoner in the hands of the enemy inherits" and he said: "He is in greater need of it", he is in greater need of the wealth than the free person.
Likewise, 'Umar ibn 'Abd al-'Aziz said: "I validate the bequest of the prisoner, his freeing of slaves, and what he does with his wealth, as long as he has not changed from his religion". If he changed from his religion by becoming an apostate, and may Allah protect us from that, then the apostate does not inherit. But if he remains on his religion, then he inherits.
It is said: Shurayh used to allow the prisoner in the hands of the enemy to inherit, saying: "He is in greater need of it".
And 'Umar ibn 'Abd al-'Aziz said: "I validate the bequest of the prisoner, his freeing of slaves, and what he does with his wealth, as long as he has not changed from his religion, for it is his wealth and he may do with it what he wishes".
The Shaykh : His statement: "Chapter: The Inheritance of the Prisoner", is this from the chapter of adding the source to its doer or its done-to? Consider?
The student: The done-to.
The Shaykh : The inheritance of the prisoner? Is the prisoner an heir or one who is inherited from?
The student: One who is inherited from.
The Shaykh : No, my brothers, he is an heir, meaning, does the prisoner inherit or not? It seems there is a difference of opinion, and Allah knows best. It seems those who said he does not inherit said so because if he inherited, it would be a risk that the enemy would take his inheritance.
The important point is that the inheritance of the prisoner, meaning the chapter of whether the prisoner inherits or not, there is no doubt that the prisoner falls under the general evidences indicating inheritance, so he inherits. For this reason, Shurayh said: "The prisoner in the hands of the enemy inherits" and he said: "He is in greater need of it", he is in greater need of the wealth than the free person.
Likewise, 'Umar ibn 'Abd al-'Aziz said: "I validate the bequest of the prisoner, his freeing of slaves, and what he does with his wealth, as long as he has not changed from his religion". If he changed from his religion by becoming an apostate, and may Allah protect us from that, then the apostate does not inherit. But if he remains on his religion, then he inherits.