his father, and he had struck him with his sword and killed him. This story became well-known among the Companions, may Allah be pleased with them, and it was not denied, so it became a consensus. 'Umar said: I heard the Messenger of Allah (peace and blessings of Allah be upon him) saying: "The killer has nothing." Narrated by Malik in his Muwatta and Imam Ahmad in his Musnad. 'Amr ibn Shu'ayb narrated from his father from his grandfather from the Prophet (peace and blessings of Allah be upon him) the like of it. Narrated by Ibn al-Labban in his Musnad, and Ibn 'Abd al-Barr narrated both of them in his book. Ibn 'Abbas, may Allah be pleased with both of them, narrated that the Messenger of Allah (peace and blessings of Allah be upon him) said: "Whoever kills a person, he does not inherit from him, even if he has no other heir but him, and even if he were his parent or child, for there is no inheritance for a killer." Narrated by Imam Ahmad in his Musnad. Furthermore, permitting a killer to inherit leads to the multiplication of killings, because the heir might hasten the death of the one he inherits from in order to take his wealth, just as the Israelite did who killed his paternal uncle, concerning whom Allah the Exalted revealed the story of the Cow (Al-Baqarah). It is said: No killer has been made to inherit after 'Amil, which is the name of the killed person.
As for killing by mistake, many scholars held that he also does not inherit. Ahmad asserted this. This is narrated from 'Umar, 'Ali, Zayd, 'Abd Allah ibn Mas'ud, and 'Abd Allah ibn 'Abbas. Something similar is narrated from Abu Bakr, may Allah be pleased with them. This is the view of Shurayh, 'Urwa, Tawus, Jabir ibn Zayd, al-Nakha'i, al-Sha'bi, al-Thawri, Sharik, al-Hasan ibn Salih, Waki', al-Shafi'i, Yahya ibn Adam, and the People of Opinion (Ashab al-Ra'y). A group held that he inherits from the wealth but not from the blood money (diyah). This is narrated from Sa'id ibn al-Musayyab, 'Amr ibn Shu'ayb, 'Ata', al-Hasan, Mujahid, al-Zuhri, Makhul, al-Awza'i, Ibn Abi Dhi'b, Abu Thawr, Ibn al-Mundhir, and Dawud. Something similar is narrated from 'Ali, because his inheritance is established by the Book and the Sunnah.
(2) Narrated by Imam Malik in: The Chapter on what has come regarding the inheritance of 'Aql (blood money) and its severity, from the Book of 'Uqul. Al-Muwatta 2/867. And by Imam Ahmad in: Al-Musnad 1/49. It was also narrated by Abu Dawud in: The Chapter on the blood money of limbs, from the Book of Diyat. Sunan Abi Dawud 2/496. And by Ibn Majah in: The Chapter of the killer does not inherit, from the Book of Diyat. Sunan Ibn Majah 2/884. (3) Narrated by al-Bayhaqi in: The Chapter that the killer does not inherit, from the Book of Fara'id. Al-Sunan al-Kubra 6/220. It is not in the Musnad of Imam Ahmad. See: Irwa' al-Ghalil 6/118, 119. (4) In manuscript M: "Wa qila" (And it was said).