#273: Ruling on Inheriting a Kāfir

Question

If One has a kaafir father and it happen that you are the only child of his, if he dies can one inherit his property?

ANSWER

“The believer does not inherit from a kaafir (disbeliever) and the kaafir does not inherit from a believer.” ( al-Bukhaari, al-Fath 4283). He alaihi salam also said: “The Muslim does not inherit from a kaafir and the kaafir does Not inherit from a Muslim.” (al-Bukhaari, 6764).
Based on the above narrations, it’s not permissible.

However, if he bequeathed some of his wealth to you before he died, it is allowed for you to collect and personally make use of this as long as it is not more than one third of all his wealth.

This is because; The Messenger (blessings and peace of Allah be upon him) forbade Sa‘d ibn Abi Waqqaas (may Allah be pleased with him) to bequeath more than one third. al-Bukhaari (2742) and Muslim (1628) narrated that Sa‘d ibn Abi Waqqaas said: O Messenger of Allah, can I bequeath all my wealth? He said: “No.” I said: Then one half? He said: “No.” I said: One third? He said: “Yes, but one third is a lot. If you leave your family well off that is better than leaving them asking of people.”

And Allah knows best.

Jazaakumullahu khairan!
Baarakallahu feekum!

Answered by Abu Hafs

4th Ramadan 1438A.H.

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