The Muslim does not inherit from the disbeliever, nor does the disbeliever inherit from the Muslim.
Machine translationRead the Arabic original
Question: Is it permissible for a Muslim to inherit from a person who circumambulates graves and seeks aid from them? And is it permissible for a Muslim to inherit from one who abandons prayer?
Answer: The Prophet (peace and blessings be upon him) said in the authentic hadith agreed upon by al-Bukhari and Muslim:Sunan Abi Dawud 2909Sahih (Al-Albani). Therefore, the one who circumambulates graves, seeks aid from their inhabitants, and asks them for support does not inherit from a Muslim, nor does a Muslim inherit from him; because of this authentic hadith.
Rather, this one who circumambulates graves inherits from his like among the worshippers of graves; because they are disbelievers just like him.
And a Muslim inherits from his like among the Muslims, so a Muslim inherits from a Muslim, and a disbeliever does not inherit from a Muslim, and vice versa: a disbeliever inherits from a disbeliever, and does not inherit from a Muslim; due to his saying (peace and blessings be upon him):Sunan Abi Dawud 2909Sahih (Al-Albani). Its authenticity is agreed upon, from the hadith of Usamah (may Allah be pleased with him).
And likewise, the one who abandons prayer; because the correct view is that he is a disbeliever with major shirk (associating partners with Allah). Some scholars have held that it is minor shirk, and that he does not become a disbeliever by it if he acknowledges its obligation and does not deny its obligation. But the correct view is that he is a disbeliever with major shirk, and that his Muslim heirs do not inherit from him; meaning his Muslim relatives. Rather, his inheritance goes to the public treasury; because he is an apostate by this, unless he has relatives like him in abandoning prayer, in which case they inherit from him, just as disbelievers inherit from one another.
Answer: The Prophet (peace and blessings be upon him) said in the authentic hadith agreed upon by al-Bukhari and Muslim:
A Muslim may not inherit from an infidel nor an infidel from a Muslim.
لا يرث المسلم الكافر، ولا الكافر المسلمRather, this one who circumambulates graves inherits from his like among the worshippers of graves; because they are disbelievers just like him.
And a Muslim inherits from his like among the Muslims, so a Muslim inherits from a Muslim, and a disbeliever does not inherit from a Muslim, and vice versa: a disbeliever inherits from a disbeliever, and does not inherit from a Muslim; due to his saying (peace and blessings be upon him):
A Muslim may not inherit from an infidel nor an infidel from a Muslim.
لا يرث المسلم الكافر، ولا الكافر المسلمAnd likewise, the one who abandons prayer; because the correct view is that he is a disbeliever with major shirk (associating partners with Allah). Some scholars have held that it is minor shirk, and that he does not become a disbeliever by it if he acknowledges its obligation and does not deny its obligation. But the correct view is that he is a disbeliever with major shirk, and that his Muslim heirs do not inherit from him; meaning his Muslim relatives. Rather, his inheritance goes to the public treasury; because he is an apostate by this, unless he has relatives like him in abandoning prayer, in which case they inherit from him, just as disbelievers inherit from one another.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
