Someone asked, "Messenger of Allah, where will you stay in your house in Makkah?"He replied, "Has Aqeel left us any houses or dwellings?"Aqeel and Talib had inherited from Abu Talib, while Jafar and Ali inherited nothing from him, because the two of them were Muslims, whereas Aqeel and Talib were disbelievers.Umar bin Khattab used to say, "A believer does not inherit from a disbeliever."Ibn Shihab said, "They used to interpret this in light of the saying of Allah Most High, 'Indeed, those who have believed and emigrated and striven with their wealth and lives in the cause of Allah, and those who gave shelter and aided, they are allies of one another' [Anfal 8:72]."
يا رسول الله، أين تنزل في دارك بمكة؟ فقال: هل ترك عقيل من رباع أو دور؟ وكان عقيل ورث أبا طالب هو وطالب، ولم يرثه جعفر ولا علي شيئا؛ لأنهما كانا مسلمين، وكان عقيل وطالب كافرين. فكان عمر بن الخطاب يقول: لا يرث المؤمن الكافر. قال ابن شهاب: وكانوا يتأولون قول الله تعالى: {إن الذين ءامنوا وهاجروا وجهدوا بأموالهم وأنفسهم في سبيل الله والذين ءاووا ونصروا أوليك بعضهم أولياء بعض} [سورة الأنفال: ٧٢].
Bukhari reported it in Hajj (1588), and Muslim in Hajj (1351), both from the hadith of Ibn Wahb, from Yunus, from Ibn Shihab, from Ali bin Husayn, from Amr bin Uthman, from Usama bin Zayd, who related it.Abu Talib bin Abdul-Muttalib had four sons born to him, namely Ali bin Abu Talib, Jafar bin Abu Talib, Aqeel bin Abu Talib, and Talib bin Abu Talib. Three of them believed, namely Ali, Jafar, and Aqeel, while Talib did not believe. Quraysh had forced him to go out to the Battle of Badr, and it is said that he died there, leaving no offspring, and nothing more is known about him than this. See Tarikh Dimashq (8/41).The practice among the general body of scholars from the companions, the successors, and those who came after them is that a disbeliever does not inherit from a Muslim, and a Muslim does not inherit from a disbeliever, because the bond of guardianship between them has been severed, except for what has been reported from Muaz with a daif chain of transmission, which is coming next.