Regarding a Child Who Dies While a Relative Who Would Inherit from Him Had Already Died

It is narrated from Hisham Hasan and Ibn Sirin, who said that a child will only be made an heir if, after being born, he makes a sound.

Ibn Ghalib narrates that Hazrat Ibn Zubair asked Hazrat Hasan bin Ali (may Allah be pleased with him) about the inheritance of a child. He replied: When the child makes a sound, it becomes obligatory to give him (his share) and to make him an heir.

Bashar bin Ghalib says that Ibn Zubair met Husain bin Ali (may Allah be pleased with him) and said to him: O Abu Abdullah! Tell us the ruling about the child who is born in Islam. He replied: It is obligatory to give him (inheritance) and to make him an heir.

Abu Zubair narrates the statement of Hazrat Jabir (may Allah be pleased with him) that when a child, after being born, lets out a cry, then funeral prayer will be offered for him and he will be made an heir. And if, after being born, he does not let out a cry, then he will not be made an heir nor will funeral prayer be offered for him.

Mutarrif narrates that Hazrat Sha’bi said: When a child, after being born, makes a sound, funeral prayer will be offered for him and he will be made an heir; and if he does not make a sound, then funeral prayer will not be offered for him nor will he be made an heir.

Mughira narrates the statement of Ibrahim that when a child, after being born, lets out a sound, then his intellect and his inheritance become complete.

Muammar narrates that Hazrat Zuhri said regarding a newborn child that funeral prayer will not be offered for him, nor will he be made an heir, and full blood money will not be applicable for him until he cries out after being born.

It is narrated from Amr Hasan that if a woman gives birth to a child and the child makes a sound, then the ruling is: if the child moves and it is known that the movement is due to life and not due to convulsion, then the child will be made an heir. But if the movement is due to convulsion and not due to life, then the child will not be made an heir.

Ala bin Musayyib narrates from his father that funeral prayer will not be offered for a child with incomplete limbs, nor will he be made an heir.

Ata reports the statement of Hazrat Ibn Abbas (may Allah be pleased with them both) that when a child lets out a cry, he will be considered an heir, and his inheritance will be distributed, and the funeral prayer will also be offered for him.

Yahya bin Saeed narrates the statement of Hazrat Qasim that a newborn child will not be made an heir until he cries out.

Ibrahim narrates that a woman gave birth to a child. The women testified that the child moved and was born alive, but they did not testify that it made a sound. Hazrat Shurayh said that the living inherits from the dead. Then he annulled its inheritance because the women had not testified that it made a sound.