What is the ruling concerning inheritance between individuals who die simultaneously, where the order of death is unknown?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
When two or more people die simultaneously such that the order of their deaths is unknown, some heirs inherit from others. This is the position held by Ahmad, who follows the opinion of Umar, Ali, Shurayh, Ibrahim, and al-Sha'bi. This ruling applies specifically to the wealth each individual possessed before the event (their 'talad' wealth), excluding wealth inherited from the other person whose death is in question ('taarif' wealth). This view is supported by Iyās ibn Abd Allāh al-Muzani, 'Ata, al-Hasan, Humayd al-A'raj, 'Abdullah ibn 'Utbah, Ibn Abi Layla, al-Hasan ibn Salih, Shurayk, Yahya ibn Adam, and Ishaq, and is reported from Ibn Mas'ud. The basis for this ruling is illustrated by the decree of Umar ibn al-Khattab during the plague of 'Amwas, where he ordered inheritance among those whose demise occurred in sequence but whose order was uncertain, as reported by al-Sha'bi.
Supporting text
The contrary view, which prohibits mutual inheritance when the order of death is unknown, is held by Abu Bakr al-Siddiq, Zayd, Ibn Abbas, Mu'adh, al-Hasan ibn Ali, Umar ibn Abd al-Aziz, Abu al-Zinad, al-Zuhri, al-Awza'i, Malik, al-Shafi'i, and Abu Hanifa and his companions. They argue that the condition for inheritance is the heir surviving the deceased, which is uncertain in this case. Furthermore, they assert that establishing inheritance based on doubt is invalid, as the principle is the denial of inheritance unless proven. They also argue that confirming mutual inheritance leads to certain error because one must have preceded the other in death, making the inheritance from the predecessor impossible.