Issue: Does inheritance occur between the people of armed rebellion and those who fought them?
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The Shaykh : Now, in the chapter of inheritance, does inheritance occur between these people and their relatives who are with the imam?
The questioner : ... .
The Shaykh : Yes?
The questioner : ... .
The Shaykh : They are all Muslims. Now, does the killer not inherit if he killed his relative? Is killing one of the obstacles to inheritance?
The questioner : No... it is not for this purpose, it is not for inheritance.
The Shaykh : The scholars say that the fighting that takes place between these people is not intended in reality, and therefore it does not prevent inheritance. It has passed us in the chapter of inheritance in the Book of Inheritance that if the just one kills the rebel, or the rebel kills the just one, they inherit from one another. Some scholars held the view that if the killer is the just one, he inherits from the rebel, but if the killer is the rebel, he does not inherit from the just one, because the fighting of the just one is with right and the fighting of the rebel is without right. It has preceded us that this is a very strong opinion. As for the school of thought, each of them inherits from the other because this is fighting based on interpretation.
The questioner : ... .
The Shaykh : Yes?
The questioner : ... .
The Shaykh : They are all Muslims. Now, does the killer not inherit if he killed his relative? Is killing one of the obstacles to inheritance?
The questioner : No... it is not for this purpose, it is not for inheritance.
The Shaykh : The scholars say that the fighting that takes place between these people is not intended in reality, and therefore it does not prevent inheritance. It has passed us in the chapter of inheritance in the Book of Inheritance that if the just one kills the rebel, or the rebel kills the just one, they inherit from one another. Some scholars held the view that if the killer is the just one, he inherits from the rebel, but if the killer is the rebel, he does not inherit from the just one, because the fighting of the just one is with right and the fighting of the rebel is without right. It has preceded us that this is a very strong opinion. As for the school of thought, each of them inherits from the other because this is fighting based on interpretation.