Is it permissible for the murderer to inherit from his brother a fortune that was originally the inheritance of their murdered father?
The majority of scholars hold the view that a killer does not inherit at all, whether the killing was accidental or intentional, based on the Prophet's (peace be upon him) saying: "The killer does not inherit." The Malikis, however, are of the opinion that one who kills accidentally does not inherit from the blood money (diyah) but does inherit from other assets. As for the Hanbalis, they differentiate between guaranteed killing, which prevents inheritance, and unguaranteed killing, which does not. The prevention of inheritance here specifically pertains to the killer's inheritance from the victim himself, and does not include the killer's inheritance from the victim's heirs. Therefore, a brother inherits from his brother unless there is an impediment to inheritance, such as difference in religion or slavery.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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