Does a Zindiq (heretic) inherit or bequeath property?

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 1 · Bab 5

Open in Qurani

Primary text

A Zindiq is treated like an apostate (Murtad); they neither inherit nor are they inherited from. The evidence for this is the statement of the Prophet (peace be upon him): "The Muslim does not inherit from the disbeliever."

Supporting text

Imam Malik holds that if a Zindiq, who is accused of being a Dhimmi, dies, his property goes to his Muslim heirs. Furthermore, his wife inherits from him, regardless of whether her waiting period has ended, similar to a woman divorced by her husband during his fatal illness to deprive her of inheritance; this is because he abandoned the cause of inheritance, and thus she inherits from him.