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الفتح الربانی
Fath al-Rabbani
أبواب الفرائضChapters on Inheritance
بَابُ مِيرَاتِ ابْنِ الْمُلَاعَنَةِ وَالزَّانِيَّةِ مِنْهُمَا وَمِبْرَائِهِمَا مِنْهُ وَانْقِطَاعِهِ مِنَ الأبChapter: Inheritance of the son of a woman accused of adultery and the adulteress from each other, and their disconnection from the father
Hadith 6375
اُردوEn
عَنْ وَاثِلَةَ بْنِ الْأَسْقَعِ اللَّيْثِيِّ قَالَ: قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ: ((الْمَرْأَةُ تَحُوزُ ثَلَاثَ مَوَارِيثَ: عَتِيقَهَا وَلَقِيطَهَا وَوَلَدَهَا الَّذِي تُلَاعِنُ عَلَيْهِ))
Narrated by Sayyiduna Wathilah bin Asqa’ (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) said: A woman inherits three types of inheritances: from her freed slave, from a miscarried child, and from the child upon whom she has performed li’an.
Brief Explanation
Benefits: … The two aforementioned narrations are weak; consider the following two hadiths: It is narrated from Sayyiduna Abdullah bin Amr bin al-As radi Allahu anhu, he says: "Indeed, the Prophet sallallahu alayhi wa sallam assigned the inheritance of the son resulting from li'an to his mother and to her heirs after her." (Abu Dawood: 2907) Regarding an incident of li'an, Sayyiduna Sahl bin Sa'd radi Allahu anhu said: "And her son was attributed to his mother, so the Sunnah was established that such a son would inherit from his mother and she would inherit from him whatever Allah has prescribed for her." (Sahih Bukhari: 5309, Sahih Muslim: 1492) From these hadiths, it is understood that the child over whom li'an occurs between husband and wife will be attributed only to his mother, and his inheritance will also be connected only through his mother; the same ruling applies to a child born of adultery.
