Nashwan Z. S. provisions of Inheritance in The Case of Mass Death A Comparative Study

Abstract

The issue of mass death often occurs and is very problematic, in which a group of inheritors dies, and it is not known who preceded the death to be inherited and who died late to be an heir, and it often occurs in the present time and as a result of road accidents in which groups of people go, such as car accidents, planes and trains, and incidents of demolition, drowning, burning, killing in wars and so on, so if any of the cases of mass death occur, The matter is not without five cases: The first case: Knowing that those who died in a group all at one time at one time, and one of them did not precede the other in death, and in this case there is no inheritance between them unanimously, because one of the conditions of inheritance is that the life of the heir is achieved after the death of the inheritor, and this condition is missing here, and the second case: It is known that the death of one of them was delayed in particular from the death of the other and he did not forget that, so the late one inherits the first one unanimously, In order to achieve the life of the heir after the death of the inheritor, and the third case: that the death of some of them is known later than the death of others without specifying the earlier and the later, and the fourth case: that the death of some of them is known later than the death of others in particular, but their matter was forgotten, and the fifth case: that the reality of their death is ignorant, without knowing whether their death was all or different., In these last three cases, it was a field for ijtihad and consideration, and Muslim jurists differed regarding their bequeathing. Some of them went to non-inheritance in all of these three cases, while a Others insisted on inheriting those who died collectively, each from the other, regardless of the cause of death, while the Imamis see the inheritance of those who died collectively by drowning and demolition, rather than those who died by burning or murder.