Chapter on the Inheritance of Those Who Drown or Are Buried Under a Collapsed House When it is Unclear Who Died First

Ali ibn Mahziyar narrated from Fadalah, from Aban, from Al-Fadl ibn Abdul Malik, from Abu Abdullah عليه السلام regarding a woman and her husband upon whom a house collapsed. Imam عليه السلام said: "The woman inherits from the man, and then the man inherits from the woman."

Asim ibn Humeid narrated from Muhammad ibn Qays, from Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام, who said: "The Commander of the Faithful عليه السلام ruled regarding a man and a woman upon whom a house collapsed, causing their death, and it was not known which of them died first. Imam عليه السلام said: 'Each of them inherits from their spouse according to what Allah سبحانه وتعالى, the Mighty and Majestic, has prescribed for their heirs.'"

Muhammad ibn Abi Umayr narrated from Abdur Rahman, from Abu Abdullah عليه السلام, who said: I asked Imam عليه السلام about a house that collapsed on a group of people gathered together, and it was not known who among them died first. Imam عليه السلام said: "They inherit from one another." I said: "Abu Hanifah has given a different ruling regarding this." Imam عليه السلام asked: "And what did he say?" I replied: "He said that if two men were on a ship, one of whom had one hundred thousand (in wealth) and the other had nothing, and the ship sank, and it was not known which of them died first, the inheritance would go to the heirs of the one who had nothing, and the heirs of the wealthy one would receive nothing." Abu Abdullah عليه السلام said: "Indeed, he has heard it, and it is exactly as it should be."

Hammad ibn Isa narrated from Al-Husayn ibn Al-Mukhtar, who said: Abu Hanifah entered upon Abu Abdullah عليه السلام, and Abu Abdullah عليه السلام asked him: "What do you say about a house that collapsed on a group of people, leaving behind two boys - one of them is free and the other is a slave belonging to the free one - but it is not known which is the free one and which is the slave?" Abu Hanifah replied: "Half of this one and half of that one should be freed, and the wealth should be divided equally between them." Abu Abdullah عليه السلام said: "It is not so. Rather, a draw (lot) should be cast between them, and the one upon whom the lot falls is the free one, and the other is freed and made his client (mawla)."