Regarding a Child Who Dies and One Parent Is Muslim—Which Parent Inherits?

Yunus narrates that Hasan used to say that when a child dies and one of his parents is a Muslim, then the Muslim will inherit from him, not the disbeliever.

Ibrahim and Hajjaj narrate this same tradition from Hazrat Ata.

Shu’bah says: I asked Hazrat Hakam and Hammad about the child whose one of the parents is a Muslim. They said: He will inherit from the Muslim, and the Muslim will inherit from him.

Abdul Hameed bin Salamah narrates from his father, and he from his grandfather, that his parents began to dispute about him in the presence of the Prophet Muhammad (peace and blessings be upon him), one of whom was a Muslim and the other a disbeliever. The Prophet gave him the choice, and he inclined towards the disbeliever. The Prophet said: "O Allah! Guide him," so he inclined towards the Muslim, and the Prophet decided in favor of the Muslim.

Hasan narrates from Hazrat Umar (may Allah be pleased with him) that the children will be with the Muslim among the parents.

Shu'bi narrates this same subject from Hazrat Shurayh.

Shu'bi narrates from Hazrat Shurayh, he said: That will be for the Muslim father.

Hajjaj narrates from Hazrat Ata and Hasan (may Allah have mercy on them) regarding the Jew and the Christian who become Muslim, that their child will belong to the Muslim.

Hisham Hasan narrates that when a Jewish or Christian woman dies while she is married to a Muslim man and has minor children from him, then the child will be with his Muslim father. Thus, if they die in childhood, their inheritance will go to their Muslim father, and their mother will have no share in the inheritance, as long as they are minors.