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سنن دارمي
Darimi
من كتاب الفرائضFrom the Book of Inheritance
باب في ابْنِ الْمُلاَعَنَةِ:Chapter on the child of the woman who invoked the curse (li'an)
Hadith 3001
اُردوEn
أَخْبَرَنَا مُحَمَّدُ بْنُ الْعَلَاءِ، حَدَّثَنَا يَحْيَى بْنُ أَبِي بُكَيْرٍ، حَدَّثَنَا إِبْرَاهِيمُ بْنُ طَهْمَانَ، عَنْ سِمَاكِ بْنِ حَرْبٍ، عَنْ عِكْرِمَةَ، عَنْ ابْنِ عَبَّاسٍ: أَنَّ قَوْمًا اخْتَصَمُوا إِلَى عَلِيٍّ رَضِيَ اللَّهُ تَعَالَى عَنْه فِي وَلَدِ الْمُتَلَاعِنَيْنِ، فَجَاءَ عَصَبَةُ أَبِيهِ يَطْلُبُونَ مِيرَاثَه، فَقَالَ: "إِنَّ أَبَاهُ كَانَ تَبَرَّأَ مِنْهُ، فَلَيْسَ لَكُمْ مِنْ مِيرَاثِهِ شَيْءٌ، فَقَضَى بِمِيرَاثِهِ لِأُمِّهِ، وَجَعَلَهَا عَصَبَتَهُ".
It is narrated from Ikrimah that Sayyiduna Ibn Abbas (may Allah be pleased with them both) narrated that some people brought a dispute regarding the child of the *Mutala‘inayn* to Sayyiduna Ali (may Allah be pleased with him). The people from the father's side (the 'Asabah) also came to claim their share of inheritance. Sayyiduna Ali (may Allah be pleased with him) said: His father has disowned him (therefore) you have no share in his inheritance. And he decided that the inheritance would go to the mother of the child (of *Mula'anah*) and made the mother his 'Asabah (agnate).
Brief Explanation
(Commentary on Hadiths 2988 to 3001)
Li‘an or mula‘anah is when a man accuses his wife of adultery and denies the paternity of her pregnancy. In the absence of four witnesses, after li‘an, the judge will separate the husband and wife. Its details have already been discussed in the Book of Marriage (Kitab al-Nikah).
In this situation, the child will be attributed to the mother, and his inheritance will be transferred only to the mother, maternal brothers, and the maternal ‘asaba (agnates). Since the father has denied him, neither the father nor his close relatives will inherit from this child of li‘an.
The essence of all these reports is just as it is stated in the weak hadith: «إنه يرث أمه وترثه» that is, he is the heir of his mother and his mother is his heir.
The majority of scholars act upon this.
And Allah knows best.
Li‘an or mula‘anah is when a man accuses his wife of adultery and denies the paternity of her pregnancy. In the absence of four witnesses, after li‘an, the judge will separate the husband and wife. Its details have already been discussed in the Book of Marriage (Kitab al-Nikah).
In this situation, the child will be attributed to the mother, and his inheritance will be transferred only to the mother, maternal brothers, and the maternal ‘asaba (agnates). Since the father has denied him, neither the father nor his close relatives will inherit from this child of li‘an.
The essence of all these reports is just as it is stated in the weak hadith: «إنه يرث أمه وترثه» that is, he is the heir of his mother and his mother is his heir.
The majority of scholars act upon this.
And Allah knows best.
