حَدَّثَنَا أَبُو عَاصِمٍ، عَنِ ابْنِ جُرَيْجٍ، عَنِ ابْنِ شِهَابٍ، عَنْ عَلِيِّ بْنِ حُسَيْنٍ، عَنْ عَمْرِو بْنِ عُثْمَانَ، عَنْ أُسَامَةَ بْنِ زَيْدٍ ـ رضى الله عنهما ـ أَنَّ النَّبِيَّ صلى الله عليه وسلم قَالَ ‏"‏ لاَ يَرِثُ الْمُسْلِمُ الْكَافِرَ، وَلاَ الْكَافِرُ الْمُسْلِمَ ‏"‏‏.‏
Translation
Narrated Usama bin Zaid

the Prophet (ﷺ) said, "A Muslim cannot be the heir of a disbeliever, nor can a disbeliever be the heir of a Muslim."

Comment

Exposition of the Hadith

This profound narration from Sahih al-Bukhari (6764) establishes a fundamental principle in Islamic inheritance law: the complete separation between Muslims and non-Muslims in matters of inheritance. The prohibition operates in both directions, ensuring that faith, rather than blood relation alone, determines eligibility for inheritance.

Scholarly Interpretation

Imam al-Qurtubi explains that this ruling stems from the principle of "al-walā' wal-barā'" (loyalty and disavowal) in Islam. The bond of faith supersedes all other bonds, including kinship. A Muslim's ultimate allegiance is to Allah and the Muslim community.

Ibn Hajar al-Asqalani in Fath al-Bari clarifies that this prohibition applies regardless of the type of disbelief, whether the non-Muslim is from the People of the Book or otherwise. The barrier to inheritance is the difference in fundamental belief systems.

Legal Implications in Inheritance Law

When a Muslim dies, their non-Muslim relatives - including parents, children, or siblings - cannot inherit from them, regardless of how close the familial relationship might be. The estate will be distributed exclusively among Muslim heirs according to the shares prescribed in the Quran.

Conversely, if a non-Muslim dies, their Muslim relatives cannot inherit from them. The estate passes exclusively to non-Muslim heirs according to the deceased's religious laws or the prevailing civil laws.

Wisdom Behind the Ruling

This ruling preserves the integrity of the Muslim community and prevents wealth from transferring between communities with conflicting worldviews and legal systems. It reinforces the concept that the Muslim ummah constitutes a single nation with its own distinct laws and regulations.

Scholars note that while inheritance is prohibited, Muslims are still obligated to maintain good conduct with non-Muslim relatives and may provide for them through gifts during their lifetime, provided such gifts don't strengthen disbelief or oppose Islamic principles.