❖ Four Causes of Disqualification from Inheritance and Their Explanation
Excerpt taken from the book “Islami Qanoon-e-Wirasat” by Maulana Abu Nu’man Basheer Ahmad.
❖ Question:
How many causes prevent inheritance? Please explain each one.
❖ Answer:
There are four reasons due to which a rightful heir becomes disqualified from inheritance:
① Being a Slave
A slave neither inherits from others nor can anyone inherit from him, because all his earnings are the property of his master. However, a slave who is partially freed will inherit in proportion to his freed portion.
The term “slave” refers to individuals captured during war who were non-Muslims. Modern-day employees or domestic workers do not fall under this category. They are treated like free Muslims in all rulings.
❀ The Prophet ﷺ said:
"إذا أصاب المكاتب حدا أو ميراثا يرث على قدر ما عتق منه"
"When a mukatab (contracted slave) becomes liable for a legal punishment or entitled to inheritance, he will inherit in proportion to the part of him that has been freed."
(Sunan Abi Dawood – Kitab al-Diyat, Hadith: 4582; Jami' al-Tirmidhi – Kitab al-Buyu’, Hadith: 1259 – Hasan)
② Murder
If a person commits a murder which necessitates retaliation (Qisas) or blood money (Diyah), then the murderer becomes disqualified from inheriting from the victim.
❀ The Messenger of Allah ﷺ said:
"لا يرث القاتل شيئا"
"The murderer shall not inherit anything."
(Sunan Abi Dawood – Kitab al-Diyat, Hadith: 4564; Jami' al-Tirmidhi – Kitab al-Fara’id, Hadith: 2109 – Sahih)
③ Difference in Religion
A Muslim and a non-Muslim cannot inherit from each other.
❀ The Prophet ﷺ said:
"لا يرث المسلم الكافر ولا الكافر المسلم"
"A Muslim does not inherit from a disbeliever, and a disbeliever does not inherit from a Muslim."
(Sahih al-Bukhari – Kitab al-Fara’id, Hadith: 6764; Sahih Muslim – Kitab al-Fara’id, Hadith: 1614)
④ Illegitimate Child (Child of Zina)
A child born as a result of zina (fornication/adultery) will not inherit from the biological father, nor will the father inherit from the child. However, the child will inherit from the mother, and the mother will inherit from the child.
❀ The Prophet ﷺ said:
"الولد للفراش وللعاهر الحجر"
"The child belongs to the bed (legally married partner), and for the fornicator, there is nothing but stones."
(Sahih al-Bukhari – Kitab al-Hudood, Hadith: 6818; Sahih Muslim – Kitab al-Rada', Hadith: 1458)
✔ The same ruling applies to a child born as a result of Li'an.
Li'an refers to when a husband accuses his wife of adultery and she denies the accusation. Both are summoned to the court where they invoke mutual cursing (Li'an), and the court separates them permanently.
An incident occurred during the time of the Prophet ﷺ in which a man accused his wife of adultery and disowned the child. The Prophet ﷺ separated the couple and associated the child with the mother. From that time onward, the following principle was established:
"أنه يرثها وترث منه ما فرض الله لها"
"The child will inherit from the mother and the mother will inherit from the child the share that Allah has ordained."
(Sahih Muslim – Kitab al-Li'an, Hadith: 1492)
❖ Summary of Disqualifying Factors:
❀ ① Being a slave
❀ ② Committing murder
❀ ③ Difference in religion
❀ ④ Illegitimacy (Child of zina or li’an)
