QUOTE(abu.shofwan @ Feb 17 2019, 02:37 PM)
the second part of your question is different.
when talking about gifts, then it is only a (small) part of everything that the giver has in his possession. therefore, benefit of the doubt is given. however, when talking about inheritence, we are talking about the complete possession (everything he had). therefore, we know for sure that there is part (or maybe even all) was obtained from haram dealings.
I will try to research this first and update later.
Turns out, it is mostly similar.when talking about gifts, then it is only a (small) part of everything that the giver has in his possession. therefore, benefit of the doubt is given. however, when talking about inheritence, we are talking about the complete possession (everything he had). therefore, we know for sure that there is part (or maybe even all) was obtained from haram dealings.
I will try to research this first and update later.
1) The waris knows that there is no haram income (of the deceased) - halal
2) The waris knows that there is no HALAL income (of the deceased) - haram
3) The waris knows it is mixed - at the very least, to estimate how much is the haram and how much halal. give out the haram as sedekah and take the halal. if it can be ascertained how much is haram, then to give away that portion and keep the rest. however, scholars recommend to give away ALL to be safe. this is according to several scholars, including Seiferal... errr... I mean, Syaikhul Islam
4) It is not known whether it is halal or haram - halal according to an Nawawi this is based on ijma'
read more in pengusahamuslim.com - topic : "Harta haram, bolehkah diwariskan?"
Feb 17 2019, 03:22 PM

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