سنن ابي داود
Abu Dawud
كتاب الفرائضShares of Inheritance (Kitab Al-Faraid)
باب مِيرَاثِ ابْنِ الْمُلاَعِنَةِChapter: Inheritance For The Child In The Case Of Li’an.
Hadith 2906
اُردوEn
حَدَّثَنَا إِبْرَاهِيمُ بْنُ مُوسَى الرَّازِيُّ ، حَدَّثَنَا مُحَمَّدُ بْنُ حَرْبٍ ، حَدَّثَنِي عُمَرُ بْنُ رُؤْبَةَ التَّغْلِبِيُّ ، عَنْ عَبْدِ الْوَاحِدِ بْنِ عَبْدِ اللَّهِ النَّصْرِيِّ ، عَنْ وَاثِلَةَ بْنِ الْأَسْقَعِ ، عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ : " الْمَرْأَةُ تُحْرِزُ ثَلَاثَةَ مَوَارِيثَ عَتِيقَهَا وَلَقِيطَهَا وَوَلَدَهَا الَّذِي لَاعَنَتْ عَنْهُ " .
Narrated Wathilah ibn al-Asqa: The Prophet ﷺ said: A woman gets inheritance from the three following: one she has set free, a foundling, and her child about whom she has invoked a curse on herself if she was untrue in declaring he was not born out of wedlock.
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
This narration is weak.
There is a difference of opinion regarding the foundling (laqit).
However, in the case of a slave and a child born after li'an, she herself is the heir.
The child born after li'an refers to that child
whom a married woman has given birth to,
but her husband refuses to acknowledge him as his son,
and after witnesses and oaths before the judge, both perform li'an (mutual imprecation) against each other.
This narration is weak.
There is a difference of opinion regarding the foundling (laqit).
However, in the case of a slave and a child born after li'an, she herself is the heir.
The child born after li'an refers to that child
whom a married woman has given birth to,
but her husband refuses to acknowledge him as his son,
and after witnesses and oaths before the judge, both perform li'an (mutual imprecation) against each other.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2906
Shaykh Dr. Abdur Rahman Freywai
Urdu Footnote:
Note:
(In the chain of narration, "Umar bin Rawbah" is weak.)
Note:
(In the chain of narration, "Umar bin Rawbah" is weak.)
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 2115
Maulana Ataullah Sajid
Benefits and Issues:
➊
The mentioned narration is weak in its chain of transmission.
Regarding the foundling (laqit — a child found abandoned), there is a difference of opinion as to whether a woman will inherit from a foundling child or not. However, she herself is the inheritor of her freed slave and of a child born as a result of li'an.
For matters related to the inheritance of a freed slave, see Hadith: 2734.
➋
A child born as a result of li'an refers to a child whom a married woman gives birth to, but her husband refuses to acknowledge him as his son, and after presenting witnesses and oaths before a judge, both perform li'an (mutual cursing).
In this case, the child is related to his mother; his relationship with the father (the woman's husband) is not acknowledged, therefore the woman is the inheritor of this child. (For further details, see Hadith: 2069)
➊
The mentioned narration is weak in its chain of transmission.
Regarding the foundling (laqit — a child found abandoned), there is a difference of opinion as to whether a woman will inherit from a foundling child or not. However, she herself is the inheritor of her freed slave and of a child born as a result of li'an.
For matters related to the inheritance of a freed slave, see Hadith: 2734.
➋
A child born as a result of li'an refers to a child whom a married woman gives birth to, but her husband refuses to acknowledge him as his son, and after presenting witnesses and oaths before a judge, both perform li'an (mutual cursing).
In this case, the child is related to his mother; his relationship with the father (the woman's husband) is not acknowledged, therefore the woman is the inheritor of this child. (For further details, see Hadith: 2069)
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2742
