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Ruling on a Muslim taking his inheritance from a kaafir to give it in charity

02-01-1999

Question 2261

I know that a Muslim cannot inherit from a non believer, and that a non believer cannot inherit from a Muslim. An uncle living in America has died. Aparantly I am entitled to part of the Will, which I have been told is considerable.
I do not want any of it but I would prefer it goes to Muslim charities than to other non believers. Am I allowed to take it and give it away or should I not accept it at all and leave it to other relatives.

Answer

Praise be to Allah.

and peace and blessings be upon the one after whom there is no Prophet.

A Muslim cannot inherit from a kaafir, and a kaafir cannot inherit from a Muslim, because of the hadeeth reported in Saheeh al-Bukhaari, in which the Prophet (peace and blessings of Allaah be upon him) said: “The Muslim does not inherit from the kaafir, and the kaafir does not inherit from the Muslim.” [This applies] even if the money were to be used for the purpose of sadaqah, because of the general applicability of the hadeeth, and because the Muslim is not commanded to do something haraam in order to achieve something prescribed by Islam. And Allaah knows best.

This is what Shaykh ‘Abd al-Azeez ibn Baaz said when I asked him about this matter. He said, “He should not ask for his inheritance even if he wants to give it away in charity, but if he is given the money, he can dispose of it through any charitable channel. And Allaah knows best.”

Inheritance and distribution of the estate
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