ACCEPTING INHERITANCE FROM KAAFIR
Allaah says (interpretation of the meaning):
“but if they, of their own good pleasure, remit any part of it to
you, take it, and enjoy it without fear of any harm (as Allaah has made it
lawful).” [al-Nisa' 4:4]
Al-Qurtubi (may Allaah have mercy on him) said:
The phrase “but if they, of their own good pleasure, remit any part
of it to you, take it, and enjoy it without fear of any harm” is addressed
to husbands, and indicates that it is permissible for a woman to give her
mahr as a gift to her husband, whether she was a virgin or previously married.
This is the opinion of the majority of fuqaha’.
The scholars are agreed that if a woman who is in control of her own affairs
gives her mahr to her husband, that is a valid transaction and she cannot
take it back. Tafseer al-Qurtubi, 5/24, 25
In general, if a kaafir
gives something to a Muslim “of his own good
pleasure”, there is nothing wrong with accepting it.
The Prophet (peace and blessings of Allaah be upon him) ate with the Jews.
(Narrated by al-Bukhaari, 2424; Muslim, 4060)
The king of Aylah - a land on the seacoast - who was a kaafir, gave him
a gift of a white mule and a cloak.
(Narrated by al-Bukhaari, 1411; Muslim, 1392).
The Negus paid the mahr of Umm Habeebah on his behalf, and he was a kaafir:
It was narrated from
Umm Habeebah that the Messenger of Allaah (peace and blessings of Allaah
be upon him) proposed marriage to her when she was in
the land of Ethiopia. The Negus married her to the Prophet (peace and blessings
of Allaah be upon him), giving her on his behalf her a mahr of four thousand
dirhams, and prepared her trousseau, and he sent her (to the Prophet (peace
and blessings of Allaah be upon him)) with Shurahbeel ibn Hasanah. The Messenger
of Allaah (peace and blessings of Allaah be upon him) did not send anything
to her. The mahr of his wives was four hundred dirhams. (Narrated by al-Nasaa’i,
3350; Abu Dawood, 2086; al-Haakim,
2/181. al-Haakim classed it as saheeh and al-Dhahabi agreed with him).
If a kaafir wills their possessions to you, and he/she was following his/her
own religion before they died, it is also permissible for you to take these
possessions, because a will is different from inheritance. But if he/she
did not make a will and died, then it is not permissible for you to inherit
anything from them:
The Prophet (peace and
blessings of Allaah be upon him) said: “The
Muslim does not inherit from a kaafir and the kaafir does not inherit from
a Muslim.” (Narrated by al-Bukhaari, 6383; Muslim, 1614).
Imam Ibn ‘Abd
al-Barr (may Allaah have mercy on him) said:
It is proven from the narrations of the trustworthy imaams that the Prophet
(peace and blessings of Allaah be upon
him) said, “The Muslim does not inherit from the kaafir.” So
everyone who goes against that, this hadeeth is evidence against him. This
is the view of all the Sahaabah, Taabi’een and fuqaha’ of various
regions such as Maalik, al-Layth, al-Thawri, al-Awzaa’i, Abu Haneefah,
al-Shaafa’i and all the scholars of hadeeth who spoke on matters of
fiqh, that a Muslim should not inherit from a kaafir and a kaafir should
not inherit from a Muslim, following this hadeeth. And Allaah is the Source
of strength. Al-Tamheed, 9/164
HOW TO WRITE A WILL
There is a difference
between a will and a gift. Property that is willingly given away whilst
one is alive is considered to be a gift, which does not
come under the same rulings as a will. But it should be noted that it is
not permissible for a person to give a gift to some of his children and not
others, or to prefer some of them over others in gift-giving. Rather they
must be treated fairly, because of the hadeeth of al-Nu’maan ibn Basheer,
who said that his father brought him to the Prophet (peace and blessings
of Allaah be upon him), when he gave him a gift, to ask the Prophet (peace
and blessings of Allaah be upon him) to bear witness to it. The Prophet (peace
and blessings of Allaah be upon him) asked, “Have you given something
similar to all your children?” He said, “No.” He said, “Then
take it back.” Then he said: “Fear Allaah and treat your children
fairly.” (Narrated by al-Bukhaari, al-Hibbah, 2398)
With regard to the will,
this is instructions on how (one’s property)
is to be disposed of after one’s death, or how it
is to be given away after one’s death.
The evidence that this
(writing a will) is prescribed in Islam is to be found in the Qur’aan
and Sunnah, and the
consensus of the scholars. Allaah says (interpretation of the meanings):
“It is prescribed
for you, when death approaches any of you, if he leaves wealth, that he
makes a bequest to
parents and next of kin, according to reasonable manners. (This is) a duty
upon Al-Muttaqoon (the pious)” [al-Baqarah 2:180]
“(The distribution in all cases is) after the payment of legacies
he may have bequeathed or debts”[al-Nisa' 4:11]
The Prophet (peace and
blessings of Allaah be upon him) said: “Allaah
was being generous to you when He allowed you to give one-third of your wealth
(in charity) when you die, to increase your good deeds.” (Narrated
by Ibn Maajah, al-Wasaayaa, 2700; classed as hasan by al-Albaani in Saheeh
Sunan Ibn Maajah, no. 2190)
The scholars agreed that this is permissible.
And it (writing a will)
may be obligatory with regard to the dues of others where there is no proof,
lest they be lost or neglected, because the Prophet
(peace and blessings of Allaah be upon him) said: “It is not permissible
for any Muslim who something to will to stay for two nights without having
his last will and testament written and kept ready with him.” (Narrated
by al-Bukhaari, al-Wasaayaa 2533). And it is mustahabb for a man to will
that some of his wealth be used for charitable purposes, so that the reward
for that may reach him after his death. So Allaah granted permission for
a person to dispose of one third of his wealth for that purpose when death
approaches.
It is permitted to write
a will concerning one third or less. Some of the scholars said it is preferable
for it to be less than one-third, and the
will does not apply to any of the heirs, because the Prophet (peace and blessings
of Allaah be upon him) said: “There is no will for the heirs.” (narrated
by al-Tirmidhi, al-Wasaayaa, 2047; classed as saheeh by al-Albaani in Saheeh
Sunan al-Tirmidhi, no. 1722). If the will is intended to harm the heirs or
make things difficult for them, then that is haraam, because Allaah says
(interpretation of the meaning):
“so that no loss is caused (to anyone)”[al-Nisaa'
4:12]
The will comes into effect when the person dies. It is permissible for the
person who writes the will to revoke it or cancel it or revoke part of it.
Carrying out the will is an important matter which was confirmed by Allaah
and mentioned before other things, and there is a stern warning issued to
those who change it.
With regard to the distribution of personal belongings, he does not have
the right to state how they should be
distributed after he dies, because the share of each heir has been defined
by Allaah, and He has explained who
inherits and who does not inherit. So it is not permitted for any person
to transgress the limits set by Allaah,
because Allaah has warned against doing that. Allaah says in Soorat al-Nisaa’ (interpretation
of the meaning):
“Allaah commands you as regards your children’s (inheritance): to the
male, a portion equal to that of two females; if (there are) only daughters,
two or more, their share is two-thirds of the inheritance; if only one, her
share is a half. For parents, a sixth share of inheritance to each if the
deceased left children; if no children, and the parents are the (only) heirs,
the mother has a third; if the deceased left brothers or (sisters), the mother
has a sixth. (The distribution in all cases is) after the payment of legacies
he may have bequeathed or debts. You know not which of them, whether your
parents or your children, are nearest to you in benefit; (these fixed shares)
are ordained by Allaah. And Allaah is Ever Wise.
In that which your wives leave, your share is a half if they have no child;
but if they leave a child, you get a fourth of that which they leave after
payment of legacies that they may have bequeathed or debts. In that which
you leave, their (your wives) share is a fourth if you leave no child; but
if you leave a child, they get an eighth of that which you leave after payment
of legacies that you may have bequeathed or debts. If the man or woman whose
inheritance is in question has left neither ascendants nor descendants, but
has left a brother or a sister, each one of the two gets a sixth; but if
more than two, they share in a third, after payment of legacies he (or she)
may have bequeathed or debts, so that no loss is caused (to anyone). This
is a Commandment from Allaah; and Allaah is Ever; Knowing, Most Forbearing.
These are the limits (set by) Allaah (or ordainments as regards laws of
inheritance), and whosoever obeys Allaah and His Messenger (Muhammad) will
be admitted to Gardens under which rivers flow (in Paradise), to abide therein,
and that will be the great success.
And whosoever disobeys
Allaah and His Messenger (Muhammad), and transgresses His limits, He will
cast him into the Fire, to abide therein; and he shall
have a disgraceful torment” [al-Nisaa' 4:11-14] |
