5- THE FOUR PREVENTIVES OF INHERITING AN ESTATE DIVISION SHARE
THE FOUR PREVENTIVES OF INHERITING AN ESTATE DIVISION SHARE
(Preventive means that if someone is an estate division heir but one of the following characteristics exists in him, then he may not inherit.) (In calculating the estate division, an heir who is made ineligible by a preventive is considered nonexistent. Such a person is a non-heir, and as such is eligible for a bequest if X wills him one.)
(Given X, the deceased; and Z, his heir.)
The first preventive is killing. Whoever kills X may not inherit from him, no matter whether the killing was:
1. lawful, as in retaliation or imposing a criminal penalty;
2. without lawful right;
3. accidental;
4. intentional;
5. direct (such as Z shooting while hunting, and the shot hitting X);
6. or when Z is a causal factor in X’s death, such as testifying to an act of X’s that calls for retaliation against X, or such as digging a well into which X falls.
To summarize, whoever has a hand in X’s death, no matter how, cannot inherit from him.
The second preventive is being non-Muslim: a Muslim may not inherit from a non-Muslim, and a non-Muslim may not inherit from a Muslim.
The third preventive is slavery.
The fourth is uncertainty as to who died first, such as when X and Z both drown or both die in the collapse of a building, and it is not known who died before the other. In such a case neither may inherit from the other.
(Source: The reliance of the traveller, revised edition, Edited and Translated by Nuh Ha Mim Keller)
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