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A non-Muslim woman married to a Muslim man – does she inherit from him?

Question: 26171

I read that we are not supposed to give an inhertiance or recieve one froma disbeliever. Does this also apply to the wife of a muslim man who is a jew or a christian – she will not recieve inheritance?.

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

Firstly: 

Yes indeed, it is not permissible for a Muslim to inherit
from a kaafir or for a kaafir to inherit from a Muslim. If a Muslim dies and
leaves behind a Jewish or Christian wife, it is not permissible for her to
inherit from him. 

It was narrated that Usaamah ibn Zayd said: 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). 

Imaam 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 

And Allaah knows best.

Source

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