The Ruling on Inheriting from One Who Circumambulates Graves and One Who Abandons Prayer
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Question:
Our brother asks and says: 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)Sunan Abi Dawud 2909Sahih (Al-Albani).
And only those like him who worship graves inherit from this one who circumambulates graves; because they are disbelievers like him, and a Muslim inherits from those like him among the Muslims, so a Muslim inherits from a Muslim and does not inherit from a disbeliever, and vice versa, a disbeliever inherits from a disbeliever and does not inherit from a Muslim; due to his (peace and blessings be upon him) saying:Sunan Abi Dawud 2909Sahih (Al-Albani) agreed upon as authentic, from the hadith of Usamah (may Allah be pleased with him). Yes.
The presenter: And regarding the one who abandons prayer?
The Shaykh: Likewise, the one who abandons prayer; because the correct view is that he is a disbeliever with major shirk, and some scholars have held that it is minor shirk, and that he does not become a disbeliever by it if he acknowledges the obligation and does not deny the 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 do not inherit from him, but rather it goes to the public treasury, it goes to the public treasury as his inheritance of wealth; because he is an apostate by this.
Except if he has relatives like him, if he has relatives like him in abandoning prayer, then they inherit from him just as disbelievers inherit from one another. Yes.
The presenter: May Allah reward you with good.
Our brother asks and says: 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:
A Muslim may not inherit from an infidel nor an infidel from a Muslim.
لا يرث المسلم الكافر، ولا الكافر المسلمA Muslim may not inherit from an infidel nor an infidel from a Muslim.
لا يرث المسلم الكافر، ولا الكافر المسلمAnd only those like him who worship graves inherit from this one who circumambulates graves; because they are disbelievers like him, and a Muslim inherits from those like him among the Muslims, so a Muslim inherits from a Muslim and does not inherit from a disbeliever, and vice versa, a disbeliever inherits from a disbeliever and does not inherit from a Muslim; due to his (peace and blessings be upon him) saying:
A Muslim may not inherit from an infidel nor an infidel from a Muslim.
لا يرث المسلم الكافر ، ولا الكافر المسلمThe presenter: And regarding the one who abandons prayer?
The Shaykh: Likewise, the one who abandons prayer; because the correct view is that he is a disbeliever with major shirk, and some scholars have held that it is minor shirk, and that he does not become a disbeliever by it if he acknowledges the obligation and does not deny the 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 do not inherit from him, but rather it goes to the public treasury, it goes to the public treasury as his inheritance of wealth; because he is an apostate by this.
Except if he has relatives like him, if he has relatives like him in abandoning prayer, then they inherit from him just as disbelievers inherit from one another. Yes.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.