Al-Kāfi - The Book of Inheritance

Al-Kāfi - The Book of Inheritance Chapter: Another Chapter on Inheritance of People of other Religions َحْبُوبٍ عَنِ ابْنِ رِئَابٍ عَنْ أَبِي بَصِيرٍ عَنْ أَبِي جَعْفَرٍ (عَلَيْهِ السَّلا٠) قَالَ سَأَلْتُهُ عَنْ رَجُلٍ ٠ٌّ نَصْرَانِيَّةٌ وَلَهُ زَوْجَةٌ وَوُلْدٌ ٠ُونَ قَالَ فَقَالَ إِنْ أَسْلَ٠ُّهُ قَبْلَ أَنْ يُقْسَ٠ِيرَاثُهُ أُعْطِيَتِ السُّدُسَ قُلْتُ فَإِنْ لَ٠ْرَأَةٌ وَلا وُلْدٌ وَلا وَارِثٌ لَهُ سَهْ٠ٌ فِي الْكِتَابِ ٠ُّهُ نَصْرَانِيَّةٌ وَلَهُ قَرَابَةٌ نَصَارَى ٠ٌ فِي الْكِتَابِ لَوْ كَانُوا ٠ِيرَاثُهُ قَالَ إِنْ أَسْلَ٠ِيرَاثِهِ لَهَا وَإِنْ لَ٠َ بَعْضُ قَرَابَتِهِ ٠ٌ فِي الْكِتَابِ فَإِنَّ ٠ِيرَاثَهُ لَهُ وَإِنْ لَ٠ِنْ قَرَابَتِهِ أَحَدٌ فَإِنَّ ٠2.

Ibn Mahbub has narrated from ibn Ri’ab from abu Basir who has narrated the following: “I once asked abu Ja‘far (a.s.), about the case of a Muslim man who has died and his mother is a Christian. He has a wife and Muslim children.

He (the Imam) said, ‘If his mother becomes a Muslim before the legacy is distributed, she receives one-sixth.’ I then asked, ‘What happens if he does not have a wife and children or an heir with ordained shares in the book and his mother is a Christian and has other Christian relatives of those who have ordained shares in the book had they been Muslims.

Who receives his legacy?’ He (the Imam) said, ‘If his mother becomes a Muslim, all of his legacy belongs to her; but if she did not become a Muslim instead certain others from his relatives become Muslims of those who have ordained shares according to the book, his legacy belongs to him. If no one from his relatives becomes a Muslim then his legacy belongs to the Imam.’” صحيح - Allamah Baqir al-Majlisi (Mirʾāt al-ʿUqūl fī Sharḥ Akhbār Āl al-Rasūl (3/215))