Ibn Majah

Benefits and Issues:
By "kafir" (disbeliever) is meant every non-Muslim, whether he is from the People of the Book (i.e., Jew or Christian), or belongs to any other religion, for example: Hindu, Sikh, Buddhist, atheist, Qadiani, or Bahai, etc.

Hadith Commentary:
(1)
Unity of religion is a condition for inheritance, and difference in religion is a cause of deprivation; therefore, a disbeliever will not inherit from a Muslim. The scenario is as follows: if a Muslim passes away and he has two sons, one Muslim and the other a disbeliever, then the disbeliever will not inherit from the Muslim’s estate, even if he becomes Muslim before the division of the inheritance. The statement of Allah, the Exalted, is:
“Allah will never grant the disbelievers any way over the believers.” ()
If a disbeliever is made the heir of a Muslim, then he gains a way over the Muslim, which is contrary to the Qur’an.

(2)
In any case, a disbeliever does not inherit from a Muslim—there is consensus among all scholars on this matter. However, there is a difference of opinion regarding a Muslim inheriting from a disbeliever. Mu’adh ibn Jabal (radi Allahu anhu) made a Muslim son the heir of his Jewish father, but such an action is contrary to the explicit text, as is clearly stated in the aforementioned hadith. In the presence of such a text, analogy (qiyas) and the like cannot be presented as evidence.
And Allah knows best.

Hadith Commentary:
Aqil and Talib had not embraced Islam at that time.
Therefore, they became the heirs of Abu Talib, and Ali and Ja'far (radi Allahu anhuma) did not receive any inheritance because both of them had become Muslim.

Hadith Commentary:
➊
Abu Talib had four sons:
Talib, Aqil, Ja'far, and Ali.
Talib and Aqil were disbelievers.
They took possession of their father's estate, and due to being Muslims, Ja'far and Ali (radi Allahu anhuma) could not inherit from Abu Talib.
➋
Talib was killed in the Battle of Badr, and Aqil continued to sell the inherited property; therefore, the Messenger of Allah (sallallahu alayhi wa sallam) said:
“Aqil has left nothing for us, where we might reside.”
A similar response was given by you on the occasion of the Farewell Pilgrimage (Hajjat al-Wada'), the explanation of which we will provide later.
(Fath al-Bari: 8/19.)

Hadith Commentary: Benefits and Issues:
From this hadith, it is understood that a Muslim and a disbeliever cannot inherit from one another.
According to the four Imams and the majority of the jurists of the Ummah, a Muslim will not inherit from a disbeliever.
However, according to Mu'adh ibn Jabal and Mu'awiyah (radi Allahu anhuma), if a disbeliever does not have a disbelieving heir and he resides in the land of Islam (dar al-Islam),
then his wealth,
instead of going to the public treasury (bayt al-mal),
should be given to his closest Muslim relative.
But this position is contrary to the explicit hadith,
therefore the Ummah has not accepted it.
So, if the statement of eminent Companions is not valid in the presence of an authentic hadith,
then how can the statement of any Imam be considered valid?
In the same way, a disbeliever cannot inherit from a Muslim;
the jurists of the Ummah are unanimous on this.
However, there is this much: if the disbeliever becomes Muslim before the distribution of the estate,
then according to some Companions and Imam Ahmad,
he will be an heir.
But apparently, the right of the heirs to the estate
is established from the time of the deceased's death,
therefore, whoever was not an heir at the time of death
cannot become an heir afterwards.
For this reason, the demand of the hadith is that he should not be considered an heir.
This is the position of Imam Abu Hanifah,
Imam Malik,
Imam Shafi'i (rahimahumullah),
and one narration from Imam Ahmad is also the same.

Explanation:
1:
From this hadith, it is understood that a Muslim cannot inherit from a deceased disbelieving relative, nor can a disbeliever inherit from his Muslim relative. This is the opinion of the majority of scholars.

Benefits and Issues:
➊
This incident took place on the occasion of the Farewell Pilgrimage (Hajjat al-Wada‘). (Sahih al-Bukhari, al-Jihad, Chapter: If a people accept Islam in the land of war, and they have wealth and land, then it remains theirs, Hadith: 3058).

➋
When Abu Talib passed away, at that time Aqil (radi Allahu anhu) was not a Muslim, therefore Aqil (radi Allahu anhu) also received a share from the inheritance.
Ali and Ja‘far al-Tayyar (radi Allahu anhuma) were Muslims, so they did not take a share from their father Abu Talib’s inheritance.
Aqil (radi Allahu anhu) became Muslim later.

➌
Imam Bukhari (rahimahullah) has derived from this incident the ruling that if someone living in the land of war (dar al-harb) accepts Islam, then he remains the owner of his house and land, etc. (Sahih al-Bukhari, al-Jihad, Chapter: If a people accept Islam in the land of war..., Hadith: 3058).

➍
Hafiz Ibn Hajar (rahimahullah) states that Aqil (radi Allahu anhu) had sold this house. (Fath al-Bari: 3/571)