سنن ابن ماجه
Ibn Majah
كتاب الفرائضChapters on Shares of Inheritance
بَابُ : تَحُوزُ الْمَرْأَةُ ثَلاَثَ مَوَارِيثَChapter: A woman may get three types of inheritance
Hadith 2742
اُردوEn
حَدَّثَنَا هِشَامُ بْنُ عَمَّارٍ ، حَدَّثَنَا مُحَمَّدُ بْنُ حَرْبٍ ، حَدَّثَنَا عُمَرُ بْنُ رُؤْبَةَ التَّغْلِبِيُّ ، عَنْ عَبْدِ الْوَاحِدِ بْنِ عَبْدِ اللَّهِ النَّصْرِيِّ ، عَنْ وَاثِلَةَ بْنِ الْأَسْقَعِ ، عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ : " الْمَرْأَةُ تَحُوزُ ثَلَاثَ مَوَارِيثَ عَتِيقِهَا وَلَقِيطِهَا وَوَلَدِهَا الَّذِي لَاعَنَتْ عَلَيْهِ "قَالَ مُحَمَّدُ بْنُ يَزِيدَ : مَا رَوَى هَذَا الْحَدِيثَ غَيْرُ هِشَامٍ .
´It was narrated from Wathilah bin Asqa’ that the Prophet (ﷺ) said:` “A woman may get three types of inheritance: From her freed slave woman, a foundling whom she raised, and her child concerning whom she swore in Li’an that he was legitimate.”
Related hadith on this topic
Explanation & Benefits
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
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
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
