Inheritance rights of an unintentional murderer from the slain person
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
Many scholars hold that an unintentional murderer also does not inherit from the slain person. This view is explicitly held by Ahmad and is narrated from Umar, Ali, Zayd, Abdullah ibn Mas'ud, and Abdullah ibn Abbas, and similarly narrated from Abu Bakr, may Allah be pleased with them. This position is adopted by Shurayh, Urwah, Tawus, Jabir ibn Zayd, Al-Nakha'i, Al-Sha'bi, Al-Thawri, Sharik, Al-Hasan ibn Salih, Waqi', Al-Shafi'i, Yahya ibn Adam, and the proponents of *Ahl al-Ra'y* (Rationals). This is supported by the established Hadiths concerning the intentional killer, and because one who does not inherit from the *diyah* (blood money) does not inherit from other assets, such as the intentional killer and one who differs in religion; the general verses are specified by the aforementioned exceptions.
Supporting text
A group narrated that the unintentional killer inherits from the property but not the *diyah*. This view is reported from Sa'id ibn al-Musayyib, 'Amr ibn Shu'ayb, 'Ata', Al-Hasan, Mujahid, Al-Zuhri, Mak'hul, Al-Awza'i, Ibn Abi Dhi'b, Abu Thawr, Ibn al-Mundhir, and Dawud, and similarly reported from Ali. This is argued because the right to inheritance is established by the Book and the Sunnah, and the intentional killer is excluded by consensus, necessitating adherence to the apparent ruling in other cases.