I asked, "O Allah's Messenger (ﷺ)! Where will you stay in Mecca? Will you stay in your house in Mecca?"
He replied, "Has `Aqil left any property or house?" `Aqil along with Talib had inherited the property
of Abu Talib. Jafar and `Ali did not inherit anything as they were Muslims and the other two were
non-believers. `Umar bin Al-Khattab used to say, "A believer cannot inherit (anything from an)
infidel." Ibn Shihab, (a sub-narrator) said, "They (`Umar and others) derived the above verdict from
Allah's Statement: "Verily! those who believed and Emigrated and strove with their life And property
in Allah's Cause, And those who helped (the emigrants) And gave them their places to live in, These
are (all) allies to one another." (8.72)
Narrated by Narrated 'Usama bin Zaid:
Context
In this hadith, the Prophet Muhammad (ﷺ) addresses the issue of inheritance among family members, particularly between believers and non-believers. The conversation highlights the principle that a believer cannot inherit from a non-believer, as illustrated by the case of `Aqil and Talib, who inherited from Abu Talib, while Ali and Jafar, being Muslims, did not receive any share. This reflects the broader theme of familial responsibilities and the implications of faith on inheritance.
Modern Application
Today, this principle can guide individuals in understanding the complexities of inheritance laws, especially in multicultural families where beliefs may differ. It encourages discussions about how faith influences family dynamics and the distribution of assets.
Topics
This hadith is tagged with Family and Inheritance Distribution because it addresses the rules of inheritance among family members based on their faith.
Indeed, those who have believed and emigrated and fought with their wealth and lives in the cause of Allah and those who gave shelter and aided - they are allies of one another. But those who believed and did not emigrate - for you there is no guardianship of them until they emigrate. And if they seek help of you for the religion, then you must help, except against a people between yourselves and whom is a treaty. And Allah is Seeing of what you do.
And those who believed after [the initial emigration] and emigrated and fought with you - they are of you. But those of [blood] relationship are more entitled [to inheritance] in the decree of Allah. Indeed, Allah is Knowing of all things.
Those who remained behind of the bedouins will say to you, "Our properties and our families occupied us, so ask forgiveness for us." They say with their tongues what is not within their hearts. Say, "Then who could prevent Allah at all if He intended for you harm or intended for you benefit? Rather, ever is Allah, with what you do, Acquainted.
The Prophet is more worthy of the believers than themselves, and his wives are [in the position of] their mothers. And those of [blood] relationship are more entitled [to inheritance] in the decree of Allah than the [other] believers and the emigrants, except that you may do to your close associates a kindness [through bequest]. That was in the Book inscribed.
And what Allah restored to His Messenger from the people of the towns - it is for Allah and for the Messenger and for [his] near relatives and orphans and the [stranded] traveler - so that it will not be a perpetual distribution among the rich from among you. And whatever the Messenger has given you - take; and what he has forbidden you - refrain from. And fear Allah; indeed, Allah is severe in penalty.