سنن ابن ماجه
Ibn Majah
كتاب الفرائضChapters on Shares of Inheritance
بَابٌ في ادِّعَاءِ الْوَلَدِChapter: Claiming a child
Hadith 2745
اُردوEn
حَدَّثَنَا أَبُو كُرَيْبٍ ، حَدَّثَنَا يَحْيَى بْنُ الْيَمَانِ ، عَنِ الْمُثَنَّى بْنِ الصَّبَّاحِ ، عَنِ عَمْرِو بْنِ شُعَيْبٍ ، عَنْ أَبِيهِ ، عَنْ جَدِّهِ ، قَالَ : قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " مَنْ عَاهَرَ أَمَةً أَوْ حُرَّةً فَوَلَدُهُ وَلَدُ زِنًا ، لَا يَرِثُ وَلَا يُورَثُ " .
´It was narrated from ‘Amr bin Shu’aib, from his father, from his grandfather that the Messenger of Allah (ﷺ) said:` “Whoever commits adultery with a slave woman or a free woman, his child is illegitimate, and he cannot inherit from him or be inherited from (i.e., this child cannot inherit from him).”
Related hadith on this topic
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
➊
In matters such as inheritance, only that lineage is considered valid in Islamic law which is based on the legal relationship of marriage (nikah).
A child born as a result of adultery (zina), although in reality is the son of the adulterer, this relationship is not legally recognized; nor can this person inherit from the adulterer in the event of his death.
➋
In establishing the maternal relationship, it makes no difference whether the relationship was lawful or unlawful; therefore, the inheritance relationship is established between an illegitimate child and his mother.
Similarly, the inheritance relationship with maternal relatives also remains established.
➊
In matters such as inheritance, only that lineage is considered valid in Islamic law which is based on the legal relationship of marriage (nikah).
A child born as a result of adultery (zina), although in reality is the son of the adulterer, this relationship is not legally recognized; nor can this person inherit from the adulterer in the event of his death.
➋
In establishing the maternal relationship, it makes no difference whether the relationship was lawful or unlawful; therefore, the inheritance relationship is established between an illegitimate child and his mother.
Similarly, the inheritance relationship with maternal relatives also remains established.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2745
Shaykh Dr. Abdur Rahman Freywai
Commentary:
Note:
(In the chain of narration, Abdullah bin Lahi'ah is a weak narrator, but on the basis of corroborating evidences, this hadith is hasan sahih.)
Note:
(In the chain of narration, Abdullah bin Lahi'ah is a weak narrator, but on the basis of corroborating evidences, this hadith is hasan sahih.)
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 2113
