Source: Islami Qanoon-e-Wirasat by Maulana Abu Nu’man Basheer Ahmad
What is meant by ḥādithah (accident), and what is its ruling in inheritance?
When two or more relatives die together in an incident such as a disaster, fire, drowning, or epidemic, and it is unknown who died first and who died later, this situation is referred to as ḥādithah (an accidental or collective death).
Those who die together in a collective accident do not inherit from one another.
Instead, their respective living heirs inherit from them.
As narrated from Hazrat Zayd bin Thābit رضي الله عنه,
“Hazrat Abū Bakr al-Ṣiddīq رضي الله عنه commanded him concerning those who died in the Battle of Yamāmah, and Hazrat ʿUmar al-Fārūq رضي الله عنه concerning those who died in the plague of ʿAmwās, that the living should be made the heirs of the deceased, and that the deceased should not inherit from one another.”
As-Sunan al-Kubrā lil-Bayhaqī, Vol. 2, p. 222
Al-Muwaṭṭa’ of Imām Mālik, Kitāb al-Farā’iḍ, Chapter: Man Juhila Amruhu bil-Qatl, Hadith: 1131 / 2:73
① If relatives die together in a common accident, fire, drowning, or epidemic, and the sequence of death is unknown —
② They do not inherit from each other.
③ Only their surviving heirs receive their inheritance.
④ This ruling is based on the precedent set by the rightly guided Caliphs, Abū Bakr and ʿUmar رضي الله عنهما, and implemented by Zayd bin Thābit رضي الله عنه.
Ruling on Accidental Deaths (حادثہ) in Islamic Inheritance Law
❖ Question:
What is meant by ḥādithah (accident), and what is its ruling in inheritance?
✿ Answer:
Meaning of Ḥādithah (حادثہ):
When two or more relatives die together in an incident such as a disaster, fire, drowning, or epidemic, and it is unknown who died first and who died later, this situation is referred to as ḥādithah (an accidental or collective death).
❖ Ruling Regarding Inheritance (حکمِ میراث):
Those who die together in a collective accident do not inherit from one another.
Instead, their respective living heirs inherit from them.
As narrated from Hazrat Zayd bin Thābit رضي الله عنه,
“Hazrat Abū Bakr al-Ṣiddīq رضي الله عنه commanded him concerning those who died in the Battle of Yamāmah, and Hazrat ʿUmar al-Fārūq رضي الله عنه concerning those who died in the plague of ʿAmwās, that the living should be made the heirs of the deceased, and that the deceased should not inherit from one another.”
As-Sunan al-Kubrā lil-Bayhaqī, Vol. 2, p. 222 Al-Muwaṭṭa’ of Imām Mālik, Kitāb al-Farā’iḍ, Chapter: Man Juhila Amruhu bil-Qatl, Hadith: 1131 / 2:73
Summary:
① If relatives die together in a common accident, fire, drowning, or epidemic, and the sequence of death is unknown —
② They do not inherit from each other.
③ Only their surviving heirs receive their inheritance.
④ This ruling is based on the precedent set by the rightly guided Caliphs, Abū Bakr and ʿUmar رضي الله عنهما, and implemented by Zayd bin Thābit رضي الله عنه.
