Hadith 2983
It is narrated from Ibrahim, may Allah have mercy on him, that Sayyiduna Abdullah bin Mas'ud, may Allah be pleased with him, said regarding the son from li'an that his inheritance will go to his mother.
That is, like the child of adultery, the father will not be his heir.
Hadith 2984
Ibrahim bin Tahman said: I heard a man ask Ata bin Abi Rabah about the children of those who perform li'an, regarding to whom their inheritance will go. He said: It will be for his mother and the offspring of his mother's family.
Hadith 2985
أَخْبَرَنَا
أَبُو نُعَيْمٍ، حَدَّثَنَا
حَسَنٌ، عَنْ
أَبِي سَهْلٍ، عَنْ
الشَّعْبِيِّ قَالَ: قَالَ
عَلِيٌّ فِي ابْنِ الْمُلَاعَنَةِ:
"تَرَكَ أَخَاهُ لِأُمِّهِ، وَأُمَّهُ لِأَخِيهِ السُّدُسُ، وَلِأُمِّهِ الثُّلُثُ، ثُمَّ يُرَدُّ عَلَيْهِمْ، فَيَصِيرُ لِلْأَخِ الثُّلُثُ، وَلِلْأُمِّ الثُّلُثَانِ" . وَقَالَ
ابْنُ مَسْعُودٍ: لِأَخِيهِ السُّدُسُ، وَمَا بَقِيَ فَلِلْأُمِّ.
Imam Sha’bi (may Allah have mercy on him) said: Sayyiduna Ali (may Allah be pleased with him) said regarding the son of the woman who was subjected to li’an (i.e., the boy born after li’an): Whoever leaves behind his maternal brother and mother: the maternal brother gets one-sixth and the mother gets one-third (thulth), then the remainder is divided between them, so the brother gets one-third and the mother gets two-thirds. And Sayyiduna Ibn Mas’ud (may Allah be pleased with him) said: The brother gets one-sixth and whatever remains, all of it is for the mother.
Hadith 2986
أَخْبَرَنَا أَبُو نُعَيْمٍ، حَدَّثَنَا حَسَنٌ، عَنْ أَبِي سَهْلٍ، عَنْ الشَّعْبِيِّ فِي ابْنِ الْمُلَاعَنَةِ: تَرَكَ ابْنَ أَخٍ وَجَدًّا، قَالَ: "الْمَالُ لِابْنِ الْأَخِ".
It is narrated from Imam Sha'bi, may Allah have mercy on him, regarding the son of the mal'ana: Whoever leaves behind a nephew and a grandfather (or maternal grandfather), he said that all the wealth will go to the nephew. (Because after li'an, the relation to the grandfather is not valid, therefore he will not be an heir. And Allah knows best.)
Hadith 2987
It is narrated from Sayyiduna Zaid bin Thabit (may Allah be pleased with him) regarding the inheritance of the son of the woman who was cursed (li'an) that one third is for the mother, and the remaining two thirds are for the Bayt al-Mal (public treasury).
Hadith 2988
It is narrated from Ibrahim, may Allah have mercy on him, that Sayyiduna Abdullah bin Mas'ud, may Allah be pleased with him, said (regarding the inheritance of the child of the woman who was cursed): His inheritance is for his mother, and the male relatives ('asaba) of the mother will pay the blood money (if there is any blood money to be paid).
And Qatadah, may Allah have mercy on him, said: It is narrated from Hasan, may Allah have mercy on him: One third is for the mother, and the remaining wealth is for the male relatives ('asaba) of the mother.
Hadith 2989
Qatadah (may Allah have mercy on him) reported that Sayyiduna Ali and Sayyiduna Ibn Mas'ud (may Allah be pleased with them both) said regarding the child of li'an: Whoever leaves behind a grandmother and uterine brothers, the grandmother (mother’s mother) gets one third and the uterine brothers get the remaining two thirds. And Sayyiduna Zayd bin Thabit (may Allah be pleased with him) said: The maternal grandmother gets one sixth and the uterine brothers get one third, and whatever remains will be deposited in the Bayt al-Mal (public treasury).
Hadith 2990
Hasan (may Allah have mercy on him) said: His mother, that is, the mother of the child of li'an, will inherit from him.
Hadith 2991
أَخْبَرَنَا حَجَّاجٌ، حَدَّثَنَا حَمَّادٌ، حَدَّثَنَا حَجَّاجٌ: أَنَّ النَّخَعِيَّ، وَالشَّعْبِيّ، قَالَا: "تَرِثُهُ أُمُّهُ".
It is narrated through this chain as in the previous narration.
Hadith 2992
Abdullah bin Ubaid bin Umair said: I wrote to my brother among Banu Zuraiq asking what decision the Messenger of Allah (peace be upon him) had made regarding the son of the cursed woman (Ibn al-Mula'anah)? He replied that the Messenger of Allah (peace be upon him) decided in favor of the mother, because after li'an, the mother is both the mother and the father for the boy.
And Sufyan said: All the wealth will go to the mother because the "mother" will be in the position of both parents.
Hadith 2993
أَخْبَرَنَا
مُحَمَّدٌ، حَدَّثَنَا
سُفْيَانُ، عَنْ
هِشَامٍ، عَنْ
الْحَسَنِ فِي ابْنِ الْمُلَاعَنَةِ تَرَكَ أُمَّهُ وَعَصَبَةَ أُمِّهِ، قَالَ:
"الثُّلُثُ لِأُمِّهِ، وَمَا بَقِيَ فَلِعَصَبَةِ أُمِّهِ".
It is narrated from Hasan (may Allah have mercy on him) regarding the son of the mal'ana: Whoever leaves behind his mother and the 'asaba (male agnates) of his mother, they said: The mother gets one-third, and whatever remains is for the 'asaba of the mother.
Hadith 2994
Sayyiduna Ali and Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with them both) said: The 'asaba (agnatic relatives) of the child of the woman who was cursed (in the case of li'an) are the 'asaba of his mother (i.e., in the absence of other heirs, all the wealth will go to them).
Hadith 2995
حَدَّثَنَا أَبُو الْوَلِيدِ الْحَلَبِيُّ مُوسَى بْنُ خَالِدٍ، حَدَّثَنَا المُعْتَمِر، عَنْ يُونُسَ، عَنِ الْحَسَنِ، أَنَّهُ كَانَ يَقُول: "مِيرَاثُ وَلَدِ الْمُلَاعَنَةِ لِأُمِّه، قُلْتُ: فَإِنْ كَانَ لَهُ أَخٌ مِنْ أُمِّه ؟ قَالَ: لَهُ السُّدُسُ".
Yunus said that Hasan (may Allah have mercy on him) used to say: The inheritance of the child of li'an is for his mother. Yunus said: I asked, if his maternal brother is also present? He said: If he has a maternal brother, then one-sixth will be for him.
Hadith 2996
حَدَّثَنَا أَبُو الْمُغِيرَةِ، حَدَّثَنَا الْأَوْزَاعِيُّ، حَدَّثَنَا الزُّهْرِيُّ، قَالَ: "وَلَدُ الْمُلَاعَنَةِ لِأُمِّه، تَرِثُ فَرِيضَتَهَا مِنْهُ، وَسَائِرُ ذَلِكَ فِي بَيْتِ الْمَالِ".
Imam Zuhri, may Allah have mercy on him, narrated: The child of li'an: his mother will be his heir and will take her share from his wealth, and all the rest of the wealth will go to the Bayt al-Mal.
Hadith 2997
Sayyiduna Ibn Umar (may Allah be pleased with them both) said: If a husband and wife perform li'an (mutual cursing), then separation will be established between them, and they can never again become husband and wife. The child will be attributed to the mother; it will be said that he is the son of such-and-such woman. She (the woman who performed li'an) will be the 'asaba (agnatic relative) for that boy, he will inherit from her and she will inherit from him. And whoever taunts that boy as being a child of adultery, he will be flogged. (Eighty lashes are for the accusation.)
Hadith 2998
حَدَّثَنَا مُعَاذُ بْنُ هَانِئٍ، حَدَّثَنَا إِبْرَاهِيمُ بْنُ طَهْمَانَ، حَدَّثَنَا الشَّيْبَانِيُّ، عَنْ الشَّعْبِيِّ فِي وَلَدِ الْمُتَلَاعِنَيْنِ: "أَنَّهُ تَرِثُهُ عَصَبَةُ أُمِّهِ، وَهُمْ يَعْقِلُونَ عَنْهُ".
Shaibani (Sulaiman bin Abi Sulaiman) narrated from Sha'bi (may Allah have mercy on him) regarding the child of those who have invoked mutual cursing (li'an) that the 'asaba (male agnates) of his mother will be his heirs and they will pay the blood money on his behalf.
Hadith 2999
It is narrated from Sa'id bin Jubair that Sayyiduna Ibn Abbas (may Allah be pleased with them both) reported regarding the child of those who have invoked mutual cursing (li'an): The mother, her maternal brothers, and her 'asaba (male relatives from the mother's side) will be his heirs if his father is not known. If anyone accuses him of adultery, he will be flogged (eighty lashes for the accusation of adultery).
Hadith 3000
أَخْبَرَنَا
مُحَمَّدُ بْنُ الْمُبَارَكِ، حَدَّثَنَا
يَحْيَى بْنُ حَمْزَةَ، عَنْ
النُّعْمَانِ، عَنْ
مَكْحُولٍ: أَنَّهُ سُئِلَ عَنْ مِيرَاثِ وَلَدِ الْمُلَاعَنَةِ لِمَنْ هُوَ ؟ قَالَ: جَعَلَهُ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ:
"لِأُمِّهِ فِي سَبَبِهِ لِمَا لَقِيَتْ مِنْ الْبَلَاءِ، وَلِإِخْوَتِهِ مِنْ أُمِّهِ، وقَالَ مَكْحُول: فَإِنْ مَاتَتْ الْأُمُّ، وَتَرَكَتْ ابْنَهَا، ثُمَّ تُوُفِّيَ ابْنُهَا الَّذِي جُعِلَ لَهَا، كَانَ مِيرَاثُهُ لِإِخْوَتِهِ مِنْ أُمِّهِ كُلُّهُ، لِأَنَّهُ كَانَ لِأُمِّهِمْ وَجَدِّهِمْ، وَكَانَ لِأَبِيهَا السُّدُسُ مِنْ ابْنِ ابْنَتِهِ، وَلَيْسَ يَرِثُ الْجَدُّ إِلَّا فِي هَذِهِ الْمَنْزِلَةِ، لِأَنَّهُ إِنَّمَا هُوَ أَبُ الْأُمِّ، وَإِنَّمَا وَرِثَ الْإِخْوَةُ مِنْ الْأُمِّ أُمَّهُمْ، وَوَرِثَ الْجَدُّ ابْنَتَهُ لِأَنَّهُ جُعِلَ لَهَا، فَالْمَالُ الَّذِي لِلْوَلَدِ لِوَرَثَةِ الْأُمِّ وَهُوَ بِحَوْزَةِ الْجَدُّ وَحْدَهُ إِذَا لَمْ يَكُنْ غَيْرُهُ".
It is narrated from Nu'man that Mak'hool (may Allah have mercy on him) was asked about the inheritance of the child of li'an: for whom will it be? He said: The Messenger of Allah (peace and blessings be upon him) specified his inheritance for the mother, because it was due to her that she was afflicted with this (trial of li'an), and (the inheritance was specified by the Prophet, peace be upon him) for the maternal brothers.
Mak'hool (may Allah have mercy on him) said: If the mother dies and leaves her son, then that son also dies, for whom the inheritance was, then his inheritance will be for the maternal brothers, because this inheritance is for their (maternal brothers') mother and maternal grandfather, and the maternal grandfather will have one-sixth from the inheritance of his granddaughter, and the maternal grandfather will only inherit in this case because he is the father of the mother, and the maternal brother will inherit from his mother and the maternal grandfather from his daughter, because the inheritance of this (child of li'an) is for the mother, so whatever wealth this boy has is for the heirs of the mother, and if there is no other heir, then the entire inheritance will go to the maternal grandfather.
Hadith 3001
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).