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سنن دارمي
Darimi
من كتاب الفرائضFrom the Book of Inheritance
باب مِيرَاثِ الْقَاتِلِ:Chapter on inheritance of the killer
Hadith 3119
اُردوEn
أَخْبَرَنَا مُحَمَّدُ بْنُ يُوسُفَ، عَنْ سُفْيَانَ، عَنْ لَيْثٍ، عَنْ طَاوُسٍ، عَنْ ابْنِ عَبَّاسٍ، قَالَ: "لَا يَرِثُ الْقَاتِلُ".
It is narrated from Tawus (may Allah have mercy on him) that Sayyiduna Ibn Abbas (may Allah be pleased with them both) said: The killer will not be an heir.
Brief Explanation
(Commentary on Ahadith 3109 to 3119)
Regarding the killer, the correct opinion is that he will not be entitled to inherit anything from the estate nor from the blood money (diyah), whether the killing was intentional (amdan) or accidental (khata’an). Some jurists have said that if the killing was intentional, he will be deprived of inheritance, but if it was accidental, such as striking with a stick, pushing, and the victim died as a result, then he will inherit the wealth but not the blood money (diyah).
In any case, the preferred opinion is that which has been mentioned above.
For details, see: [نيل الأوطار 142/4، رقم الحديث 2581] and [التحقيقات المرضية فى المباحث الفرضية ، ص : 54-55].
Regarding the killer, the correct opinion is that he will not be entitled to inherit anything from the estate nor from the blood money (diyah), whether the killing was intentional (amdan) or accidental (khata’an). Some jurists have said that if the killing was intentional, he will be deprived of inheritance, but if it was accidental, such as striking with a stick, pushing, and the victim died as a result, then he will inherit the wealth but not the blood money (diyah).
In any case, the preferred opinion is that which has been mentioned above.
For details, see: [نيل الأوطار 142/4، رقم الحديث 2581] and [التحقيقات المرضية فى المباحث الفرضية ، ص : 54-55].
