Any property, whether movable or immovable, whose owner has passed away without an inheritor by right or by paternal relations such as where a person dies without a wife, children, father, mother, sisters or paternal relations, is transferred to the Bait ul-Mal as inheritance. From Al-Miqdam al-Kindi that the Prophet (saw) said: “I am more entitled to (look after) every believer than himself. So whoever dies leaving a debt or children then their responsibility are upon me, and whoever leaves property it is for his heirs. And I am the protector (Mawla) of the one who has no relative to protect him. I inherit his wealth and release him of his misery” (narrated by the two Shaikhs and At-Tirmizi). This Hadith indicates clearly and explicitly that the Messenger of Allah (saw) is the inheritor of a person who dies without heirs as he is the leader of all Muslims and the protector of those without a protector. After him the guardianship was transferred to the Khalifah, who became the leader of all Muslims and the protector of those without a protector. The inheritance transferred to the Khalifah is not for his own personal use but for the Bait ul-Mal of the Muslims. The inheritance of those individual properties without heirs is thus placed in the Bait ul-Mal in the department of Fai’ and Kharaj. The Khalifah will spend it according to what he sees as good and in the interest of the Muslims. He may sell, rent, gift or allocate it or make it a Waqf (Islamic trust) and spend it on anything that he considers beneficial for the Muslims.

Linked to the property of the Muslim without an inheritor is that of the Zimmi without an inheritor. If a Zimmi dies leaving behind movable or immovable property without any inheritor, his property becomes fai’ for the Muslims. The same applies to any surplus wealth of the Muslim left after any inheritance has been distributed to the appropriate persons. An example of this is when someone dies leaving behind no inheritor except one of the two spouses. This is because surplus wealth does not revert to the spouse after taking his or her obligatory share; so it becomes Fai’ for the Muslims and is placed in the Bait ul-Mal of the Muslims. It is property that has no specified beneficiary, thereby becoming Fai’ like the property of the Muslim without heirs.