Explanation of the Book of Inheritance, Fixed Punishments, and Blood Money-04a
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The reciter: Abu 'Aasim narrated to us, from Ibn Jurayj, from Ibn Shihab, from 'Ali ibn Husayn, from 'Amr ibn 'Uthman, from Usamah ibn Zayd (may Allah be pleased with them both): that the Prophet (peace and blessings be upon him) said: Sunan Abi Dawud 2909Sahih (Al-Albani).
The Shaykh : And this is general,Sunan al-Bayhaqi 9:565 this is general, and it is obligatory to take its generality except with clear, authentic evidence indicating specification.
And what the author (may Allah have mercy on him), al-Bukhari, referred to is a matter in which there is disagreement: If a person embraces Islam before the inheritance is distributed? Some of the scholars said: He inherits, to encourage him in Islam, and they cited a hadith in which there is doubt regarding its indication and its authenticity.
And some of them said: He does not inherit, due to the generality of the hadith of Usamah (may Allah be pleased with him):Sunan Abi Dawud 2909Sahih (Al-Albani).
And their statement: "We make him inherit to encourage him in Islam" is a public benefit, but it is opposed by a harm that may be stronger than it, which is: that he embraces Islam in order to take the inheritance, and then afterwards he apostatizes, so it becomes a great calamity for the people with him from the heirs, and for himself as well, because if he apostatizes, his disbelief becomes greater than the disbelief, because he is not left upon his disbelief after his apostasy, rather it is said: "Embrace Islam or we will kill you."
So the correct view is what al-Bukhari held, that if he embraces Islam before the inheritance is distributed, he has no inheritance.
A Muslim may not inherit from an infidel nor an infidel from a Muslim.
لا يرث المسلم الكافر ولا الكافر المسلمThe Shaykh : And this is general,
A disbeliever does not inherit from a Muslim, nor does a Muslim inherit from a disbeliever.
لا يرث الكافر المسلم ولا المسلم الكافرAnd what the author (may Allah have mercy on him), al-Bukhari, referred to is a matter in which there is disagreement: If a person embraces Islam before the inheritance is distributed? Some of the scholars said: He inherits, to encourage him in Islam, and they cited a hadith in which there is doubt regarding its indication and its authenticity.
And some of them said: He does not inherit, due to the generality of the hadith of Usamah (may Allah be pleased with him):
A Muslim may not inherit from an infidel nor an infidel from a Muslim.
لا يرث المسلم الكافر، ولا الكافر المسلمAnd their statement: "We make him inherit to encourage him in Islam" is a public benefit, but it is opposed by a harm that may be stronger than it, which is: that he embraces Islam in order to take the inheritance, and then afterwards he apostatizes, so it becomes a great calamity for the people with him from the heirs, and for himself as well, because if he apostatizes, his disbelief becomes greater than the disbelief, because he is not left upon his disbelief after his apostasy, rather it is said: "Embrace Islam or we will kill you."
So the correct view is what al-Bukhari held, that if he embraces Islam before the inheritance is distributed, he has no inheritance.