was unintentional, the heir is likewise barred from inheriting, in keeping with the principle of sadd al-dharāʾiʿ (blocking the means).
2 – All of these rulings exist to safeguard life and protect blood, so that greed never becomes a motive for shedding it. The hadith under discussion is corroborated by what Mālik narrates in the Muwaṭṭaʾ, Aḥmad in his Musnad, and Ibn Mājah—from ʿImrān—that the Prophet (Allah bless him and grant him peace) said: “A killer has no inheritance.” Many other reports in this chapter convey the same meaning.
3 – Undoubtedly, denying a killer his inheritance embodies sound wisdom and a lofty principle. Love of wealth and the urge to seize it can overwhelm mercy and affection, causing an heir to resent the very life of his benefactor and proceed to murder him in order to monopolize the fortune. The wise Lawgiver therefore blocked this path and closed this door, proclaiming: “The killer inherits nothing.” Depriving him of the estate also serves as a punishment and disciplinary measure for committing so heinous an act—spilling innocent blood and severing family ties.
Scholarly disagreement
The jurists have differed over the type of killing that prevents inheritance:
• Al-Shāfiʿī held that a killer never inherits from his victim under any circumstance, even when the killing is legally sanctioned—such as qiṣāṣ (retaliatory execution), a judicial ḥadd (prescribed punishment), serving as the ruler’s executioner, authenticating witnesses whose testimony led to the heir’s execution, rolling over someone in sleep, killing while insane, striking a child in discipline so that the child dies, or lancing a wound for medical treatment that results in death. All these cases and others, in Imam al-Shāfiʿī’s view, bar inheritance because of the general wording of the Prophet’s statement: “The killer inherits nothing.”
• Mālik, on the other hand, divided killing into two categories:
- Premeditated aggression (ʿamd ʿudwān). In this case the perpetrator never inherits.
- Accidental killing. Here the heir may inherit from the killer’s personal property but not from the diyah (blood-money).