Chapter on the Inheritance of the Followers of Different Religions

With the statement of the Prophet صلى الله عليه وعلى آله وسلم, peace and blessings be upon him and his family: "Islam increases and does not decrease."

With the statement of the Prophet صلى الله عليه وعلى آله وسلم, peace and blessings be upon him and his family: "There is no harm and no reciprocation of harm in Islam."

With the statement of the Him عليه السلام, peace be upon him and his family: "Islam prevails and is not prevailed over."

It was narrated from Abu Al-Aswad Al-Duʾali that Muadh ibn Jabal was in Yemen when people gathered around him and said: "A Jewish man has died and left behind a Muslim brother." Muadh said: "I heard the Messenger of Allah سبحانه وتعالى (peace be upon him and his family) say: 'Islam increases and does not diminish.'" Therefore, he allowed the Muslim to inherit from his Jewish brother.

Muhammad ibn Sinan narrated from Abdur Rahman ibn Aʿyan from Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام regarding a Christian man who dies leaving behind a Muslim son. Imam عليه السلام said: "Indeed, Allah سبحانه وتعالى, the Mighty and Majestic, has only increased us in honor through Islam. Therefore, we inherit from them, but they do not inherit from us."

Zurah narrated from Samaah from Abu Abdullah عليه السلام who said: I asked Imam عليه السلام whether a Muslim can inherit from a polytheist. Imam عليه السلام replied: "Yes, but a polytheist does not inherit from a Muslim."

Musa ibn Bakr narrated from Abdur Rahman ibn Aʿyan from Abu Abdullah Imam Jafar ibn Muhammad Al-Sadiq عليه السلام who said: "People of two different religions do not inherit from one another. We inherit from them, but they do not inherit from us. Indeed, Allah سبحانه وتعالى, the Mighty and Majestic, has only increased us in honor through Islam."

Al-Hasan ibn Mahbub narrated from Al-Hasan ibn Salih from Abu Abdullah Imam Jafar ibn Muhammad Al-Sadiq عليه السلام who said: "A Muslim prevents a disbeliever from inheriting and inherits from him, but a disbeliever neither prevents a believer from inheriting nor does he inherit from him."

Al-Hasan ibn Mahbub narrated from Abu Walad Al-Hannat who said: I heard Abu Abdullah عليه السلام say: "A Muslim man inherits from his dhimmi (non-Muslim under Islamic protection) wife, but she does not inherit from him."

Al-Hasan ibn Ali Al-Khazzaz narrated from Ahmad ibn A'id from Abu Khadijah from Abu Abdullah Imam Jafar ibn Muhammad Al-Sadiq عليه السلام who said: "A disbeliever does not inherit from a Muslim, but a Muslim may inherit from a disbeliever - unless the Muslim has made a will (wasiyyah) bequeathing something to the disbeliever."

Asim ibn Humaid narrated from Muhammad ibn Qays who said: I heard Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام say: "A Jew and a Christian do not inherit from Muslims, but Muslims inherit from Jews and Christians."

Al-Hasan ibn Mahbub narrated from Ali ibn Ri'ab from Abu Basir who said: I asked Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام about a Muslim man who died and had a Christian mother, along with a Muslim wife and Muslim children. Imam عليه السلام said: "If his mother accepts Islam before the inheritance is divided, she is given one-sixth." I asked: "What if he has no wife, no children, and no heir entitled to a share in the Book from among the Muslims, and his mother is Christian, and his relatives are Christians who would have a share in the Book if they were Muslim - who inherits his wealth?" Imam عليه السلام said: "If his mother embraces Islam, then all of his inheritance belongs to her. But if his mother does not embrace Islam and some of his relatives who have a rightful share in the Book accept Islam, the inheritance goes to them. If none of his relatives become Muslim, then his inheritance belongs to the Imam."

Al-Hasan ibn Mahbub narrated from Hisham ibn Salim from Abd Al-Malik ibn Aʿyan or Malik ibn Aʿyan from Abu Jafar عليه السلام who said: I asked Imam عليه السلام about a Christian man who died, leaving behind a Muslim nephew (son of his brother) and a Muslim niece (daughter of his sister), while his own children and wife were Christians. Imam عليه السلام said: "I see that the Muslim nephew should be given two-thirds of what he left behind, and the Muslim niece should be given one-third of what he left behind, provided he does not have young children. However, if he has young children, then the two heirs must provide for the children from what they inherited from their father until the children reach maturity." It was asked: "How should they provide for the children?" Imam عليه السلام replied: "The heir of the two-thirds share must cover two-thirds of the expenses, and the heir of the one-third share must cover one-third of the expenses. Once the children mature, the heirs are no longer responsible for their expenses." It was then asked: "What if his children embrace Islam while they are still young?" Imam عليه السلام said: "In that case, what their father left behind should be handed over to the Imam until they reach maturity. If they remain steadfast in Islam upon reaching maturity, the Imam will give them their inheritance. But if they do not remain in Islam upon maturity, the Imam will return the inheritance to the Muslim nephew and niece, giving the nephew two-thirds of what was left and the niece one-third."

Ibn Abi Umayr narrated from Ibrahim ibn Abd Al-Hamid who said: I asked Abu Abdullah عليه السلام about a Christian man who accepted Islam and then reverted to Christianity and died. Imam عليه السلام said: "His inheritance goes to his Christian children." I then asked about a Muslim who converted to Christianity and then died. Imam عليه السلام said: "His inheritance goes to his Muslim children."