What is the effect of one heir admitting the deceased consumed pork while considering it lawful (Istihlal), or admitting the deceased's apostasy?

General Chapter

Al-Mughni

Book of the Apostate

Book 50 · Issue 6 · Bab 1

Open in Qurani

Primary text

If some of the heirs admit the deceased consumed pork while considering it lawful, or if they confess the deceased's apostasy, the inheritance due to that admitting heir is forfeited because they are confessing they are not entitled to it. The portion corresponding to the deceased's Islamic inheritance rights is given to the heir claiming the deceased's return to Islam, as that heir claims no more than that amount. The remainder is directed to the public treasury (Bayt Al-Mal) due to the lack of a rightful inheritor for that share.

Supporting text

If among the heirs there is a minor or an insane person, their share, along with the share of the heir who admitted the deceased's apostasy, must be given to them, because the apostasy was not proven established against the deceased with respect to these individuals.