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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on the Inheritance of the Killer from the Killed

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Question:
He says regarding another case: If a man kills his brother, and the father forgives this killer, does the killer inherit from the killed?

Answer:
The killer does not inherit from the killed if his killing was intentional and aggressive; for he does not inherit from him. Likewise, if it was accidental and obligated upon him blood money or expiation, he does not inherit from him, due to the hadith:
One who kills a man cannot inherit anything from him.ليس للقاتل من الميراث شيء
Bulugh al-Maram 7:218
.
The scholars (may Allah have mercy on them) have agreed that the killer does not inherit from the killed if the killing was one that guarantees liability, even if the father forgives him. However, if the remaining heirs allow him to share in the inheritance, there is no blame on them, provided they are accountable and guided, and they allow this killer to inherit with them, then there is nothing wrong with it. Or if the heir is the father of the killed and the father of the killer, and he allows him to inherit from the killed, then the right is his, if the killer has a right to inheritance, for example, if he killed his brother and the father does not inherit because he is a slave or a disbeliever, while the killed is a Muslim.
As for if the killed is a Muslim and the father is a Muslim, or if the killed is a disbeliever and the father is a disbeliever; then the inheritance of the father excludes the brothers.
The conclusion is: if the killer would have inherited were it not for the killing, and the heirs allow him to participate, and they are accountable and guided, then there is nothing wrong with that; the right is theirs. 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.

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