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الفتح الربانی
Fath al-Rabbani
أبواب الفرائضChapters on Inheritance
باب موانع الارثChapter: Inhibitors of inheritance
Hadith 6337
اُردوEn
عَنْ أُسَامَةَ بْنِ زَيْدٍ رَضِيَ اللَّهُ عَنْهُمَا أَنَّهُ قَالَ يَا رَسُولَ اللَّهِ أَيْنَ تَنْزِلُ غَدًا إِنْ شَاءَ اللَّهُ وَذَلِكَ زَمَنَ الْفَتْحِ فَقَالَ هَلْ تَرَكَ لَنَا عَقِيلٌ مِنْ مَنْزِلٍ ثُمَّ قَالَ لَا يَرِثُ الْكَافِرُ الْمُؤْمِنَ وَلَا الْمُؤْمِنُ الْكَافِرَ وَفِي لَفْظٍ الْمُسْلِمُ بَدَلَ الْمُؤْمِنِ
Narrated by Sayyiduna Usama bin Zaid (may Allah be pleased with him), he says: I said, "O Messenger of Allah! If Allah wills, where will you stay in Makkah tomorrow?" This was during the time of the conquest of Makkah. The Prophet (peace and blessings be upon him) said, "Has Aqeel left any place for us?" Then the Prophet (peace and blessings be upon him) said, "A disbeliever cannot inherit from a believer, nor can a believer inherit from a disbeliever."
Brief Explanation
Benefits: … When Abu Talib passed away, his two sons were deprived of his inheritance due to their being Muslim—one was Sayyiduna Ali radi Allahu anhu and the other Sayyiduna Ja'far radi Allahu anhu. His other two sons, Aqil and Talib, remained upon disbelief with him, so the entire inheritance was divided between these two. Then, when Talib was killed in the Battle of Badr, Aqil became the sole heir to the entire estate and subsequently sold it. Later, Sayyiduna Aqil radi Allahu anhu accepted Islam.
From this hadith, it is understood that no disbeliever can inherit from a Muslim, nor can a Muslim inherit from a disbeliever. There are three total impediments to inheritance: disbelief (kufr), slavery, and murder.
From this hadith, it is understood that no disbeliever can inherit from a Muslim, nor can a Muslim inherit from a disbeliever. There are three total impediments to inheritance: disbelief (kufr), slavery, and murder.
