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Text and translation
English translation
2730. It was narrated from Usâmah bin Zaid that he said: “O Messenger of Allâh, will you stay in your house in Makkah?” He said: “Has ‘Aqeel left us any houses?”
‘Aqeel had inherited from Abu Tâlib, he and Tâlib, but neither Ja’far nor ‘Ali had inherited anything, because they were Muslims, but ‘Aqeel and Tâlib were disbelievers.
Because of that, ‘Umar used to
say: "The believer cannot inherit from a disbeliever."
And Usâmah said: "The Messenger of Allâh ﷺ said: "The Muslim does not inherit from a disbeliever and the disbeliever does not inherit from a Muslim."
(Sahih)
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Footnotes
U
[U] An-Nisa' 4:176. See no. 1436 also.
Commentary
This incident occurred at the occasion of the last Hajj (Sahih Bukhârî: 3058) or when Abu Tâlib died. 'Aqeel by that time had not embraced Islam, therefore, he got a share from the legacy, because 'Ali and Ja'far had embraced Islam, so they were deprived of the share. 'Aqeel embraced Islam later.
Imâm Bukhârî inferred from this incident that if a person living in (Dârul-Harb) a non-Muslim country if embraces Islam, he can continue to keep his property as before.
Hâfiz Ibn Hajar says, "Aqeel had sold that house." (Fathul-Bârî, v. 3. pp. 571)
