A child brought from non-Muslim lands (hamil): those who made him an heir, and those who seemingly held that he has inheritance

Ibrahim said: Sayyiduna Abu Bakr (may Allah be pleased with him), Sayyiduna Umar (may Allah be pleased with him) and Sayyiduna Uthman (may Allah be pleased with him) did not make children brought in this way (hamil) heirs.

The father of Abu Talq said: In the time of Sayyiduna Ali (may Allah be pleased with him) and Sayyiduna Uthman (may Allah be pleased with him), I saw children brought from the land of unbelief, and they were not made heirs.

Hisham reports that al-Hasan and Ibn Sirin said: Children brought from the land of unbelief cannot be made heirs without witnesses.

Muhammad bin Abd al-Rahman bin Thawban said that Sayyiduna Umar (may Allah be pleased with him) wrote: No one is to be made an heir on the basis of a birth that took place in polytheism.

Al-Sha'bi said: It was written to Shurayh that children brought from the land of unbelief are not to be made heirs without witnesses.

Ibn Awn said: It was mentioned to Muhammad (Ibn Sirin) (may Allah have mercy on him) that Umar bin Abd al-Aziz (may Allah have mercy on him) had written regarding children brought from the land of unbelief that they will not be made heirs without the testimony of witnesses. At this he said: The Muhajirun and the Ansar were made heirs on the basis of the lineage of the pre-Islamic era of ignorance, so I do not accept that he wrote this.

Mughirah reports that Ibrahim said: People were made heirs on the basis of those ties of kinship through which they maintained relations.

Iyas bin Abbas reports through an elder of his people that Abu Sulayman had a brother named Rashid who died. Banu Zubayd and Banu Asad disputed over him and brought the matter to Masruq. Masruq said to Banu Asad: Do you testify that the things forbidden between a brother and a sister were also forbidden between them? They testified to that, so he gave Abu Sulayman his inheritance.

Waki' said: I heard al-A'mash say: My father was brought from the land of unbelief in childhood. Then his brother died, and Masruq made him the heir of his brother.

Ibrahim said that Sayyiduna Umar (may Allah be pleased with him) said: Every lineage on the basis of which ties of kinship are maintained in Islam, on that basis people will inherit, and on that same basis others will be made their heirs.

Ash'ath reports that al-Sha'bi said: When the lineage of children brought from the land of unbelief is known and relations are maintained on its basis, they will inherit.

Shu'bah said: I asked al-Hakam and Hammad (may Allah have mercy on them both) about children brought from the land of unbelief, and they said: Such a child will not inherit without testimony.

Ash'ath bin Abi al-Sha'tha' said: A woman of the tribe of Muharib, who had been brought from the land of unbelief in childhood, acknowledged the lineage of a brother of hers who had also been brought from the land of unbelief, so Abd al-Rahman bin Utbah made that brother the heir of his sister.

Al-Hakam bin Atiyyah said: I asked al-Hasan about a child who brings testimony that he is the brother of the deceased. He said: According to the decree of Allah Almighty he will be his heir. Allah Almighty says: "And those of blood relationship are nearer to one another in the Book of Allah." [Al-Anfal: 75]