other, the other has the right to kill the one who pardoned him, and he inherits from him according to the manifest view. If one of them acts hastily and kills his brother, the retaliation is dropped for him, and he inherits from him according to the manifest view; however, it is possible that he does not inherit from him, and retaliation becomes mandatory upon him for killing him. This is because when the two retaliations are equal and it becomes impossible to fulfill both, they are both dropped; thus, no legal ruling remains for either of them. Therefore, the one who exacts it among them is considered an aggressor, and he does not inherit from his brother, and retaliation becomes mandatory upon him for killing him. If the manner of the parents' death is ambiguous, and each of them claims that his victim died first, it is inferred regarding their inheritance that which we mentioned regarding those who drown—that each of the two deceased inherits from the other, and then each of them inherits a portion of his own blood money, so the retaliation is dropped for both of them. Whoever does not hold this view, the answer regarding it is the same as the one preceding it. It is also possible that the retaliation is dropped in any case due to the ambiguity, and that each of them is entitled to the blood money and wealth of the other.

1044 - Issue: He said, "A Muslim does not inherit from a disbeliever, and a disbeliever does not inherit from a Muslim, unless he was a freed slave (mu'taq), in which case he takes his wealth by virtue of wala' (patronage)."

The scholars unanimously agree that a disbeliever does not inherit from a Muslim. The majority of the Companions and jurists said: A Muslim does not inherit from a disbeliever. This is reported from Abu Bakr, Umar, Uthman, Ali, Usama ibn Zayd, and Jabir ibn Abd Allah, may Allah be pleased with them. This was also the opinion of Amr ibn Uthman, Urwa, al-Zuhri, Ata, Tawus, al-Hasan, Umar ibn Abd al-Aziz, Amr ibn Dinar, al-Thawri, Abu Hanifa and his companions, Malik, al-Shafi'i, and the general body of jurists. The practice is based upon this. It was reported from Umar, Mu'adh, and Mu'awiya, may Allah be pleased with them, that they permitted the Muslim to inherit from the disbeliever, but did not permit the disbeliever to inherit from the Muslim. This has been narrated from Muhammad ibn al-Hanafiyya, Ali ibn al-Husayn, Sa'id ibn al-Musayyab, Masruq, Abd Allah ibn Ma'qil, al-Sha'bi, al-Nakha'i, Yahya ibn Ya'mur, and Ishaq. However, this is not considered reliable from them, for Ahmad said: There is no