سنن ابن ماجه
Ibn Majah
كتاب الفرائضChapters on Shares of Inheritance
بَابٌ في ادِّعَاءِ الْوَلَدِChapter: Claiming a child
Hadith 2746
اُردوEn
حَدَّثَنَا مُحَمَّدُ بْنُ يَحْيَى ، حَدَّثَنَا مُحَمَّدُ بْنُ بَكَّارِ بْنِ بِلَالٍ الدِّمَشْقِيُّ ، أَنْبَأَنَا مُحَمَّدُ بْنُ رَاشِدٍ ، عَنْ سُلَيْمَانَ بْنِ مُوسَى ، عَنْ عَمْرِو بْنِ شُعَيْبٍ ، عَنْ أَبِيهِ ، عَنْ جَدِّهِ ، أَنّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ : " كُلُّ مُسْتَلْحَقٍ اسْتُلْحِقَ بَعْدَ أَبِيهِ الَّذِي يُدْعَى لَهُ ادَّعَاهُ وَرَثَتُهُ مِنْ بَعْدِهِ ، فَقَضَى أَنَّ مَنْ كَانَ مِنْ أَمَةٍ يَمْلِكُهَا يَوْمَ أَصَابَهَا فَقَدْ لَحِقَ بِمَنِ اسْتَلْحَقَهُ وَلَيْسَ لَهُ فِيمَا قُسِمَ قَبْلَهُ مِنَ الْمِيرَاثِ شَيْءٌ وَمَا أَدْرَكَ مِنْ مِيرَاثٍ لَمْ يُقْسَمْ فَلَهُ نَصِيبُهُ وَلَا يَلْحَقُ إِذَا كَانَ أَبُوهُ الَّذِي يُدْعَى لَهُ أَنْكَرَهُ وَإِنْ كَانَ مِنْ أَمَةٍ لَا يَمْلِكُهَا أَوْ مِنْ حُرَّةٍ عَاهَرَ بِهَا فَإِنَّهُ لَا يَلْحَقُ وَلَا يُورَثُ وَإِنْ كَانَ الَّذِي يُدْعَى لَهُ هُوَ ادَّعَاهُ فَهُوَ وَلَدُ زِنًا لِأَهْلِ أُمِّهِ مَنْ كَانُوا حُرَّةً أَوْ أَمَةً " . قَالَ مُحَمَّدُ بْنُ رَاشِدٍ : يَعْنِي بِذَلِكَ مَا قُسِمَ فِي الْجَاهِلِيَّةِ قَبْلَ الْإِسْلَامِ .
´It was narrated from ‘Amr bin Shu’aib, from his father, from his grandfather, that the Messenger of Allah (ﷺ) said:` “Every child who is attributed to his father after his father to whom he is attributed has died, and his heirs attributed him to him after he died, he ruled that* whoever was born to a slave woman whom he owned at the time when he had intercourse with her, he should be named after the one to whom he was attributed, but he has no share of any inheritance that was distributed previously. Whatever inheritance he finds has not yet been distributed, he will have a share of it. But he cannot be named after his father if the man whom he claimed as his father did not acknowledge him. If he as born to a slave woman whom his father did not own, or to a free woman with whom he committed adultery, then he cannot be named after him and he does not inherit from him, even if the one whom he claims as his father acknowledges him. So he is an illegitimate child who belongs to his mother’s people, whoever they are, whether she is a free woman or a slave.”
Related hadith on this topic
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
➊
In the era of ignorance (Jahiliyyah), fornication (zina) was widespread.
Committing fornication with slave women was not considered a fault.
Although fornication with free women was regarded as disgraceful, such relationships were also common.
➋
Just as a master would have children from his slave woman, after the master's death, one of his close relatives (such as a brother)
would have children from her; similarly, even a stranger would establish illicit relations with her, and then claim regarding her child that this is my offspring.
In the early period of Islam, such disputes arose among those who embraced Islam, for example:
A person established illicit relations before accepting Islam, and as a result, a child was born.
After embracing Islam, the issue of inheritance arose.
➌
In such incidents, there would be two claimants to the child born.
One was the legal husband of the woman or the actual owner of the slave woman, and the other was the man who had committed fornication with the free woman or slave woman.
Both would claim to be the father of the child.
Or the sons of both would claim to be the brothers of the child.
In the era of ignorance, such matters were decided through physiognomy (qiyafah) and similar means.
➍
The Prophet (sallallahu alayhi wa sallam) stated this law:
(a)
If the child is born from a lawful relationship, that is, the child of the slave woman is from her master, or the child of the free woman is from her husband, then he is the heir of his father because his lineage is legally valid.
(b)
If the person to whom the child is attributed (the husband of the woman or the owner of the slave woman)
has, during his lifetime, declared that this child is not his, then he will not be considered his son, and he will not receive a share in the inheritance.
(c)
If the child is born from an illicit relationship, that is, the deceased had committed fornication with a free woman or a slave woman, now even if this person, during his lifetime, has acknowledged that this boy was born from him and is therefore his son, even then he will not be accepted as his son, nor will he receive a share in the inheritance.
➊
In the era of ignorance (Jahiliyyah), fornication (zina) was widespread.
Committing fornication with slave women was not considered a fault.
Although fornication with free women was regarded as disgraceful, such relationships were also common.
➋
Just as a master would have children from his slave woman, after the master's death, one of his close relatives (such as a brother)
would have children from her; similarly, even a stranger would establish illicit relations with her, and then claim regarding her child that this is my offspring.
In the early period of Islam, such disputes arose among those who embraced Islam, for example:
A person established illicit relations before accepting Islam, and as a result, a child was born.
After embracing Islam, the issue of inheritance arose.
➌
In such incidents, there would be two claimants to the child born.
One was the legal husband of the woman or the actual owner of the slave woman, and the other was the man who had committed fornication with the free woman or slave woman.
Both would claim to be the father of the child.
Or the sons of both would claim to be the brothers of the child.
In the era of ignorance, such matters were decided through physiognomy (qiyafah) and similar means.
➍
The Prophet (sallallahu alayhi wa sallam) stated this law:
(a)
If the child is born from a lawful relationship, that is, the child of the slave woman is from her master, or the child of the free woman is from her husband, then he is the heir of his father because his lineage is legally valid.
(b)
If the person to whom the child is attributed (the husband of the woman or the owner of the slave woman)
has, during his lifetime, declared that this child is not his, then he will not be considered his son, and he will not receive a share in the inheritance.
(c)
If the child is born from an illicit relationship, that is, the deceased had committed fornication with a free woman or a slave woman, now even if this person, during his lifetime, has acknowledged that this boy was born from him and is therefore his son, even then he will not be accepted as his son, nor will he receive a share in the inheritance.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2746
