The 3 Causes of Inheritance with Explanation
This excerpt is taken from Maulana Abu Noman Basheer Ahmad’s book Islami Qanoon-e-Wirasat.
Question:
How many causes of inheritance are there? Briefly explain each.
Answer:
There are three causes of inheritance, and through any one of them a person becomes an heir.
➊ Nisbi Relationship (Consanguinity):
Those heirs who inherit due to blood relations, whether they belong to:
- Furooʿ (children or grandchildren),
- Usool (parents or grandparents), or
- Atraf (brothers or their descendants).
Allah ﷻ says:
وَلِكُلٍّ جَعَلْنَا مَوَالِيَ مِمَّا تَرَكَ الْوَالِدَانِ وَالْأَقْرَبُونَ
(Surah An-Nisa 4:33)
“And for everyone We have appointed heirs to what is left by parents and close relatives.”
➋ Nikah (Marriage):
A valid marriage with a woman, regardless of whether consummation or seclusion has taken place or not.
Allah ﷻ says:
وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْ
(Surah An-Nisa 4:12)
“And for you is half of what your wives leave behind.”
➌ Wala (Allegiance):
If a person frees a slave or bondwoman, and the freed person dies without any blood relatives, then the one who freed them becomes the heir.
The Messenger of Allah ﷺ said:
إنما الولاء لمن أعتق
“Indeed, Wala (the right of inheritance) belongs to the one who freed.”
(Sahih al-Bukhari, Kitab az-Zakat, Hadith: 1493)
