Musannaf Ibn Abi Shaybah

Hazrat Usama bin Zaid (may Allah be pleased with him) narrates that the Messenger of Allah (peace and blessings be upon him) said: "People of two different religions cannot inherit from each other."

Tariq bin Shihab narrates that the polytheist Jewish paternal aunt of Ash'ath bin Qais passed away, so Hazrat Umar (may Allah be pleased with him) did not make him the heir to her wealth, and said: "Her heirs will be those who are of her religion."

Abdullah bin Ma’qil says, the Jewish paternal aunt of Ash’ath bin Qais passed away, so Hazrat Umar (may Allah be pleased with him) did not make him the heir to her wealth, and said that her heirs will be those of her own religion.

Aamir narrates that Hazrat Umar (may Allah be pleased with him) said: "His heirs will be those of his own religion; every community follows its own community."

Maymun bin Mehran says that ‘Urs bin Qais Kindi asked me by letter about two Christian brothers, one of whom became Muslim and the other died and left wealth. I said that Hazrat Muawiyah (may Allah be pleased with him) used to say that if that brother had remained Christian, he would have been an heir, and Islam has added nothing to this except strictness. ‘Urs bin Qais says that Hazrat Umar (may Allah be pleased with him) rejected this matter regarding the Jewish aunt of Ash’ath bin Qais and did not make her an heir.

33577 - Al-‘Aris (1) ibn Qays said: (He refused) (2) that (to us) (3), and ‘Umar ibn al-Khattab regarding the paternal aunt of al-Ash‘ath ibn Qays who died while she was Jewish, so ‘Umar did not give him (from her) (4) anything (5).

Harith narrates that Hazrat Ali (may Allah be pleased with him) said that a disbeliever cannot be the heir of a Muslim, nor can a Muslim be the heir of a disbeliever.

Harith narrates this same tradition from Hazrat Ali (may Allah be pleased with him) through another chain, and he has also added in it that, except if he is his slave, then he will be his heir.

Sulaiman bin Yasar narrates that Hazrat Umar (may Allah be pleased with him) said regarding a Jewish woman who had died, that her heirs would be those of her own religion.

Ibrahim states that, according to the ruling of Hazrat Ali (may Allah be pleased with him) and Hazrat Zaid (may Allah be pleased with him), a Christian cannot inherit from a Muslim, nor can a Muslim inherit from a Christian, and Abdullah bin Mas'ud (may Allah be pleased with him) used to decide that they can prevent others from inheritance but cannot themselves be made heirs.

Saeed bin Jubair narrates that Hazrat Umar (may Allah be pleased with him) said that a disbeliever cannot inherit from a Muslim, nor can a Muslim inherit from a disbeliever.

Saeed bin Jubair, through another chain of narration, reports the same statement of Hazrat Umar (may Allah be pleased with him).

Zuhri narrates that neither a Muslim would inherit from a disbeliever nor a disbeliever from a Muslim during the time of the Messenger of Allah (peace be upon him), nor during the time of Abu Bakr (may Allah be pleased with him) and Umar (may Allah be pleased with him). Then, when Muawiyah (may Allah be pleased with him) became the ruler, he allowed a Muslim to inherit from a disbeliever but did not allow a disbeliever to inherit from a Muslim. The narrator says that then the caliphs adopted this practice, until Umar bin Abdul Aziz (may Allah have mercy on him) became the ruler and he enforced the original Sunnah. Then Yazid bin Abdul Malik adopted this, and when Hisham bin Abdul Malik became the ruler, he adopted the way of the caliphs.

33585 - He said: The (caliphs) acted upon that until Umar ibn Abd al-Aziz came, who returned to the first sunnah, then Yazid ibn Abd al-Malik acted upon that, and when Hisham ibn Abd al-Malik came, he followed the sunnah of the caliphs.

Abu al-Zubair narrates that Hazrat Jabir (may Allah be pleased with him) said: A man's heirs can only be those who share his religion, except if a man is someone's slave or a woman is someone's bondwoman.