Does an heir inherit if they embrace Islam after the death of the Muslim inheritable but before the distribution of the estate?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
The inheritance is acquired by the heir if they embrace Islam after the death of the Muslim predecessor but before the division of the estate. This view is held by al-Athram, Muhammad ibn al-Hakam, and supported by traditions attributed to Umar, Uthman, al-Hasan ibn Ali, and Ibn Mas'ud, as well as figures like Jabir ibn Zayd, al-Hasan, Mak'hul, Qatadah, Humayd, Iyas ibn Mu'awiyah, and Ishaq. If the heir embraces Islam after part of the wealth is divided, they inherit only what remains undivided. The supporting evidence includes the saying of the Prophet, peace be upon him: "Whoever embraces Islam over something, it belongs to him," and another narration stating, "Every division made during the Jahiliyyah remains as it was divided, and every division reached by Islam is according to the division of Islam." Furthermore, a historical ruling by Uthman, based on a narration concerning Umar's judgment, confirmed that one who embraces Islam over an inheritance before it is divided receives their share.
Supporting text
A contrasting opinion, reported by Abu Talib, states that one who embraces Islam after the death does not inherit, because the inheritance rights were already established for their rightful owners at the time of death. This is the famous position attributed to Ali, and held by Sa'id ibn al-Musayyib, 'Ata, Tawus, al-Zuhri, Sulayman ibn Yasar, al-Nakha'i, al-Hakam, Abu al-Zinad, Abu Hanifah, Malik, and al-Shafi'i, based on the hadith, "The disbeliever does not inherit from the Muslim." This view holds that since ownership transfers to the Muslims upon death, one who converts afterward cannot share, analogous to having already divided the estate.