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Text and translation
English translation
2107. Usāmah bin Zaid narrated that the Messenger of Allāh ﷺ said: "The Muslim does not inherit from the disbeliever, nor the disbeliever from the Muslim." (Sahih)
(Another chain) with similar meaning.
[Abū 'Eisā said:] There are narrations on this topic from Jābir and 'Abdullāh bin 'Amr.
This Hadīth is Hasan Sahih. This is how it was reported by Ma'mar and other narrators from Az-Zuhri. Mālik reported it similarly from Az-Zuhri from 'Alī bin Ḥusain, from 'Umar bin 'Uthmān, from Usāmah bin Zaid from the Prophet ﷺ. The narration from Mālik is faulty. Mālik erred in it. Some of them reported that Mālik said: "From 'Amr bin 'Uthmān" while most of the companions of Mālik said: "From Mālik, from 'Umar bin 'Uthmān." 'Amr bin 'Uthmān bin 'Affān is well-known, he is the son of 'Uthmān, and we do not know 'Umar bin 'Uthmān.
This Hadīth is acted upon according to the people of knowledge. The people of knowledge differ over the apostate's inheritance. Some of the people of knowledge among the Companions of the Prophet ﷺ and others held that his wealth is to be inherited by the Muslims, while some of them said that his inheritance is not inherited by the Muslims, they cited as proof, the Hadīth of the Prophet ﷺ: "The Muslim does not inherit from the disbeliever." And this is the view of Ash-Shāfi'i.
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Commentary
The people of knowledge are unanimous in their view that a disbeliever cannot inherit from a Muslim, and the majority of jurists among the Companions also believe that a Muslim as well, cannot inherit from a disbeliever.
