Do individuals legally disqualified from inheritance, such as a murderer, a slave, or one holding a different religion, prevent other heirs from inheriting?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
The general opinion among the majority of scholars among the Companions and Successors is that a murderer, a slave, or one with a different religion does not block others from inheriting. This ruling is supported by examining the structure of inheritance verses, such as those defining shares for wives (Quran 4:12) and parents (Quran 4:11), and the share for the mother when siblings exist (Quran 4:11). These disqualified persons are considered like children or siblings in relation to these verses, yet their lack of inheritance does not preclude them from blocking others if they were present, similar to how siblings block the mother's share when the father is present. Furthermore, a murderer does not prevent the deceased's children from inheriting, nor does he prevent the father from receiving his fixed portion (one-sixth).
Supporting text
Ibn Mas'ud and those who agreed with him, alongside Abu Thawr and Dawud, hold that the mother and the spouses are blocked from inheriting by a non-inheriting child, a slave, or a murderer. Al-Hasan agreed regarding the murderer specifically. Their position seems based on the generality of the inheritance verses, yet the counter-argument states that the verses are intended only for those eligible to inherit, evidenced by the verses concerning children (Quran 4:11) and the sister (Quran 4:176), where the disqualified are not included. Furthermore, siblings blocking the mother when the father is present is due to the father's priority, not the siblings' inherent disqualification.