Inheritance of People Killed, those who Inherit and those who do not Inherit from the Wergild

“When Ali (a.s.), defeated Talhah and al-Zubayr, people came defeated and passed by a pregnant woman on the road who was frightened and miscarried her child who was alive but then died. She, because of shock died after the child. Ali (a.s.), and his people passed by where she with her child was left on the road. He (the Imam) asked them about her case and they said that she was pregnant. Because of shock on seeing the dead and defeated she has died. He (the Imam) then asked, ’Who died first?’ They said, ’The child died before her.’ He (the Imam) called her husband and made him to inherit his son for two-thirds of the wergild and the mother to inherit one-third of the wergild. He (the Imam) made the man to inherit from his dead wife one-half of the one-third, which she had inherited of the wergild of her son. The relatives of the dead woman inherited the remaining. He (the Imam) then made the husband to inherit also from the wergild of the dead woman, one-half which is two thousand and five hundred dirham. He (the Imam) allowed the relatives of the dead woman to inherit the other one-half, which was two thousand and five hundred dirham. This is because she did not have any children other than that whom she miscarried because of shock. He (the narrator) has said that he (the Imam) paid all of it from the public treasury of Basrah.’”

“’Amir al-Mu’minin (a.s.), issued a judgment about the wergild of one slain that the heirs inherit from it according to the book of Allah their shares if there is no debt on the deceased except the brothers and sisters from the mother’s side who do not inherit from the wergild anything.’”

“Abu ‘Abd Allah (a.s.), has said that Amir al-Mu’minin issued a judgment that said, ’All heirs inherit from the wergild except brothers and sisters from the mother’s side.’”

“Abu ‘Abd Allah (a.s.), has said that Amir al-Mu’minin issued a judgment that said, ’All heirs inherit from the wergild except brothers and sisters from the mother’s side who do not inherit anything from the wergild.’”

“Abu Ja’far (a.s.), has said, ’From the wergild the heirs receive according to their ordained shares except brothers and sisters from the mother’s side who do not inherit anything thereof.’”

“Abu ‘Abd Allah (a.s.), has said that brothers from mother’s side do not receive any share from the wergild.’”

“I once asked abu ‘ Abd Allah (a.s.), about the case of a man who is killed, leaving behind a debt and has left no assets but his heirs receive the wergild; if they must pay his debt. He (the Imam) said, ‘Yes, they must do so.’ I then asked, ‘Even if he does not leave anything they must pay his debts?’ He (the Imam) said, ‘Yes, because they have received the wergild, thus, they must pay his debt.’”

“I once asked abu ‘Abd Allah (a.s.), if brothers from mother’s side can receive any inheritance from the wergild. He (the Imam) said, ‘No, they cannot do so.’”