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سنن ابن ماجه
Ibn Majah
كتاب الفرائضChapters on Shares of Inheritance
بَابُ : إِذَا اسْتَهَلَّ الْمَوْلُودُ وَرِثَChapter: If a newborn cries, he is an heir
Hadith 2751
اُردوEn
حَدَّثَنَا الْعَبَّاسُ بْنُ الْوَلِيدِ الدِّمَشْقِيُّ ، حَدَّثَنَا مَرْوَانُ بْنُ مُحَمَّدٍ ، حَدَّثَنَا سُلَيْمَانُ بْنُ بِلَالٍ ، حَدَّثَنِي يَحْيَى بْنُ سَعِيدٍ ، عَنْ سَعِيدِ بْنِ الْمُسَيَّبِ ، عَنْ جَابِرِ بْنِ عَبْدِ اللَّهِ ، وَالْمِسْوَرِ بْنِ مَخْرَمَةَ ، قَالَا : قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " لَا يَرِثُ الصَّبِيُّ حَتَّى يَسْتَهِلَّ صَارِخًا " ، قَالَ : وَاسْتِهْلَالُهُ أَنْ يَبْكِيَ وَيَصِيحَ أَوْ يَعْطِسَ .
´It was narrated from Jabir bin ‘Abdullah and Miswar bin Makhrumah that the Messenger of Allah (ﷺ) said:` “No child inherits until he raises his voice or cries.”
Brief Explanation
1؎: The point is, if he (the child) performs any act by which his life is established, then he will be considered an heir.
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
(1)
A stillborn child does not inherit from the deceased.
(2)
Making a sound is a sign of being born alive.
Generally, a child cries after birth, which is why crying is mentioned; otherwise, any sign by which it is certain that the child was born alive is sufficient.
(3)
In the aforementioned case, the method of distributing inheritance is that first, the child is assumed to be alive and the estate of the deceased is divided accordingly, and the child's share is determined. Then, due to the child's death, his share is distributed among his heirs.
(1)
A stillborn child does not inherit from the deceased.
(2)
Making a sound is a sign of being born alive.
Generally, a child cries after birth, which is why crying is mentioned; otherwise, any sign by which it is certain that the child was born alive is sufficient.
(3)
In the aforementioned case, the method of distributing inheritance is that first, the child is assumed to be alive and the estate of the deceased is divided accordingly, and the child's share is determined. Then, due to the child's death, his share is distributed among his heirs.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2751
