A disbelieving woman has a house and left a will that it be divided after her death between her disbelieving son and her daughter who has embraced Islam. Is it permissible for the daughter to take what was allotted to her?
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The Shaykh: Yes.
The questioner : Peace be upon you, and Allah’s mercy and blessings.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings and His forgiveness.
The questioner : How are you?
The Shaykh: Yes.
The questioner : How are you?
The Shaykh : Praise be to Allah, I am well.
The questioner: May I ask a question, if Allah wills.
The Shaykh : How?
The questioner: May I ask a question.
The Shaykh: Go ahead.
The questioner: A disbelieving woman owns a house and has a son and a daughter. The son is still a disbeliever, but the daughter has embraced Islam. This woman left a will that when she dies, the house be divided between the daughter and the son. In this case, does the daughter take her right or not?
The Shaykh: If it is a will like any other will, then she has that right. But if it is in the nature of inheritance, a Muslim does not inherit from a disbeliever, nor does a disbeliever inherit from a Muslim.
The questioner: Ah, but I mean, she wrote in the will that the house be divided after her death.
The Shaykh: Yes.
The questioner: She wrote on the paper that when she dies, the house be divided between the son and the daughter.
The Shaykh: You are repeating the previous statement.
The questioner: Yes.
The Shaykh: Do you want me to repeat my subsequent statement?
The questioner: Yes.
The Shaykh: What is the benefit?
The questioner: I want to hear clearly what I heard clearly.
The Shaykh: Yes, tell me what I heard clearly and do not repeat the statement. When I did not hear you clearly, I asked you to repeat the statement. I say: If the will that this disbelieving woman left is an ordinary will like any other will, then the Muslim daughter takes this bequest. But if the will is in the nature of dividing the inheritance, then a Muslim does not inherit from a disbeliever.
The questioner: Yes, good.
The Shaykh: Did you understand? Did you understand?
The questioner: Yes, I understood. Yes.
The Shaykh: Okay, bring up the other question.
The questioner: Does the situation remain the same even if the son passes away and she is the only heir?
The Shaykh: Yes, yes, it is the same.
The questioner: It is the same.
The Shaykh: I mean, she does not inherit. But if the mother wrote a will for her daughter, the will is executed according to the known conditions in Islam, namely that the will not be contrary to the Shari'ah.
The questioner : Peace be upon you, and Allah’s mercy and blessings.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings and His forgiveness.
The questioner : How are you?
The Shaykh: Yes.
The questioner : How are you?
The Shaykh : Praise be to Allah, I am well.
The questioner: May I ask a question, if Allah wills.
The Shaykh : How?
The questioner: May I ask a question.
The Shaykh: Go ahead.
The questioner: A disbelieving woman owns a house and has a son and a daughter. The son is still a disbeliever, but the daughter has embraced Islam. This woman left a will that when she dies, the house be divided between the daughter and the son. In this case, does the daughter take her right or not?
The Shaykh: If it is a will like any other will, then she has that right. But if it is in the nature of inheritance, a Muslim does not inherit from a disbeliever, nor does a disbeliever inherit from a Muslim.
The questioner: Ah, but I mean, she wrote in the will that the house be divided after her death.
The Shaykh: Yes.
The questioner: She wrote on the paper that when she dies, the house be divided between the son and the daughter.
The Shaykh: You are repeating the previous statement.
The questioner: Yes.
The Shaykh: Do you want me to repeat my subsequent statement?
The questioner: Yes.
The Shaykh: What is the benefit?
The questioner: I want to hear clearly what I heard clearly.
The Shaykh: Yes, tell me what I heard clearly and do not repeat the statement. When I did not hear you clearly, I asked you to repeat the statement. I say: If the will that this disbelieving woman left is an ordinary will like any other will, then the Muslim daughter takes this bequest. But if the will is in the nature of dividing the inheritance, then a Muslim does not inherit from a disbeliever.
The questioner: Yes, good.
The Shaykh: Did you understand? Did you understand?
The questioner: Yes, I understood. Yes.
The Shaykh: Okay, bring up the other question.
The questioner: Does the situation remain the same even if the son passes away and she is the only heir?
The Shaykh: Yes, yes, it is the same.
The questioner: It is the same.
The Shaykh: I mean, she does not inherit. But if the mother wrote a will for her daughter, the will is executed according to the known conditions in Islam, namely that the will not be contrary to the Shari'ah.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.