The Prophet ﷺ said, "A Muslim does not inherit from a disbeliever, nor does a disbeliever inherit from a Muslim."
أن النبي ﷺ قال: لا يرث المسلم الكافر، ولا الكافر المسلم.
Bukhari narrated it in the Book of Inheritance (6764) via Ibn Jurayj, and Muslim in the Book of Inheritance (1614) from the hadith of Ibn Uyayna, both of them from Ibn Shihab, from Ali bin Husayn, from Amr bin Uthman, from Usama bin Zayd, and he mentioned it. Amr bin Uthman is the son of the caliph Uthman bin Affan.Malik narrated it in the Book of Inheritance (10) from Ibn Shihab, from Ali bin Husayn bin Ali, from Umar bin Uthman bin Affan, from Usama bin Zayd, that the Messenger of Allah ﷺ said, "A Muslim does not inherit from a disbeliever."I say, Malik limited himself to the statement, "A Muslim does not inherit from a disbeliever." Ibn Abdul-Barr holds that Malik confined himself to the point of jurisprudence that was disputed, and turned away from the rest, not saying, "nor does a disbeliever inherit from a Muslim," because a disbeliever does not inherit from a Muslim by the consensus of the Muslims, so Malik had no need for this wording. Istidhkar (15/490).I say, perhaps this handling came from Yahya, the narrator from Malik, for otherwise Shafii narrated it in Umm (4/72) from him, mentioning both parts of the hadith. So it appears that the abridgment was not from Malik himself.He likewise said in it, "from Amr bin Uthman bin Affan," but in Yahya's copy it reads, "Umar bin Uthman bin Affan."Ibn Abdul-Barr said, "Among those who said 'Amr bin Uthman' in this hadith are Mamar, Ibn Uyayna, Ibn Jurayj, Aqeel, Shuayb, and Uzai, and these are a group of authoritative memorizers, and they more deserve to be accepted and have their statement deemed correct. Malik is the memorizer of the world, but no one is immune from error."But what appears from other narrations from Malik is that it is "Amr bin Uthman." This is how it was mentioned by Shafii, Abu Musab, Ibn Wahb, Maen, Ibn Qasim, and Yahya bin Yahya Andalusi, as in Musnad Muwatta by Jawhari (p. 200).It seems that Malik at first held the view that it was Umar bin Uthman, for Yunus said, "It was said to Malik, 'Amr.' He said, 'It is Umar, and we know him better, and this is his residence.'" Jawhari mentioned this in Musnad Muwatta, but when he was alerted that it was Amr bin Uthman, he retracted that, so those mentioned above said in their narration from him, "Amr bin Uthman." And that is what is correct.