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سنن دارمي
Darimi
من كتاب الفرائضFrom the Book of Inheritance
باب مِيرَاثِ الْغَرْقَى:Chapter on inheritance of those who drowned
Hadith 3077
اُردوEn
حَدَّثَنَا يَحْيَى بْنُ حَسَّانَ، حَدَّثَنَا ابْنُ أَبِي الزِّنَادِ، عَنْ أَبِيهِ، عَنْ خَارِجَةَ بْنِ زَيْدٍ، عَنْ زَيْدِ بْنِ ثَابِتٍ، قَالَ: "كُلُّ قَوْمٍ مُتَوَارِثِينَ عَمِيَ مَوْتُهُمْ فِي هَدْمٍ، أَوْ غَرَقٍ، فَإِنَّهُمْ لَا يَتَوَارَثُونَ، يَرِثُهُمْ الْأَحْيَاءُ".
Sayyiduna Zaid bin Thabit (may Allah be pleased with him) said: All kinds of people will inherit from each other, but those whose death is unknown due to a building collapse or drowning will not inherit from each other; only the living person will be their heir.
Brief Explanation
(Commentary on Hadith 3076)
When more than one person drowns in water, or falls victim to some other accident—for example, they are killed under a collapsed building, or are burned in a fire, or die in an accident, etc.—and it is not possible to determine whose death occurred first or later, then the ruling is that they do not inherit from one another. Rather, only the living individuals will inherit from their deceased relatives. For example, if two brothers die in an accident and it cannot be determined who died first, and one of them leaves behind a wife, a daughter, and an uncle, while the other leaves behind two daughters and the aforementioned uncle, then the heirs of both estates will be the mentioned inheritors.
These brothers will not inherit from one another. In the first case, the wife will take one-eighth, the daughter half, and the remainder will go to the uncle. In the second case, the two daughters will take two-thirds, and the remaining one-third will go to the uncle.
When more than one person drowns in water, or falls victim to some other accident—for example, they are killed under a collapsed building, or are burned in a fire, or die in an accident, etc.—and it is not possible to determine whose death occurred first or later, then the ruling is that they do not inherit from one another. Rather, only the living individuals will inherit from their deceased relatives. For example, if two brothers die in an accident and it cannot be determined who died first, and one of them leaves behind a wife, a daughter, and an uncle, while the other leaves behind two daughters and the aforementioned uncle, then the heirs of both estates will be the mentioned inheritors.
These brothers will not inherit from one another. In the first case, the wife will take one-eighth, the daughter half, and the remainder will go to the uncle. In the second case, the two daughters will take two-thirds, and the remaining one-third will go to the uncle.
