The inheritance of the child of a woman who underwent li'an

Sayyiduna Sahl bin Sa'd al-Sa'idi (may Allah be pleased with him) said that a man came to the Prophet (peace and blessings be upon him) and said: "O Messenger of Allah! What do you think: if a man sees another man with his wife, should he kill him, and then you would kill him (in retaliation), or what should he do?" Allah Almighty revealed in the Noble Qur'an (the verses) about li'an (mutual imprecation). The Messenger of Allah (peace and blessings be upon him) said to him: "A ruling has come concerning you and your wife." The narrator said: The two of them performed li'an while I was present with the Messenger of Allah (peace and blessings be upon him). He said: "O Messenger of Allah (peace and blessings be upon him)! If I keep her, it will be as though I lied against her," and he separated from her. After that, it became the established Sunnah that the two who perform li'an are to be separated. The woman was pregnant, but he denied the pregnancy, so her son came to be called after his mother. Then it became the established Sunnah that the son inherits from his mother and she inherits from him the share that Allah has prescribed for her.

It is narrated from Sayyiduna Ibn Abbas (may Allah be pleased with them both) that the Messenger of Allah (peace and blessings be upon him) said: "Divide the wealth among those entitled to fixed shares according to the Book of Allah; whatever remains belongs to the nearest male."

Sayyiduna Ibn Abbas (may Allah be pleased with them both) said that some people came to Sayyiduna Ali (may Allah be pleased with him) and disputed about the child of a couple who had performed li'an. His father's children came, demanding his inheritance; Sayyiduna Ali (may Allah be pleased with him) gave his inheritance to his mother and made the mother his 'asabah (residuary heir).

Sayyiduna Ali and Sayyiduna Abdullah (may Allah be pleased with them both) said: The 'asabah (residuary heir) of the son of a couple who performed li'an is his mother; she inherits all of his wealth. If he has no mother, then her 'asabah are his 'asabah, and the child of fornication is in the same position. Sayyiduna Zayd bin Thabit (may Allah be pleased with him) said: For the mother is a third, and the rest goes to the public treasury (bayt al-mal).

It is narrated from al-Sha'bi that Sayyiduna Ali (may Allah be pleased with him) said regarding the son of a woman who underwent li'an, who left behind his brother and his mother: For the mother is a third and for the brother a sixth, and the remainder is returned to the two of them in proportion to what they inherited. Abdullah (may Allah be pleased with him) said: For the brother is a sixth, and the rest is for the mother, for she is his 'asabah. Zayd (may Allah be pleased with him) said: For the mother is a third, for the brother a sixth, and the rest goes to the public treasury (bayt al-mal).

It is narrated from Qatadah (may Allah have mercy on him) that Sayyiduna Ali and Sayyiduna Ibn Mas'ud (may Allah be pleased with them both) said regarding the son of a woman who underwent li'an, who left behind a brother and his mother: For the brother is a third, and for the mother also a third. Sayyiduna Zayd (may Allah be pleased with him) said: For the mother is a third, for the brother a sixth, and the rest goes to the public treasury (bayt al-mal).

It is narrated from Qatadah (may Allah have mercy on him) that Ibn Mas'ud (may Allah be pleased with him) used to give all of his inheritance to his mother, and if he had no mother, he would give it to her 'asabah. Al-Hasan (may Allah have mercy on him) also says the same. And Ali and Zayd (may Allah be pleased with them both) used to say: For the mother is a third, and the rest goes to the public treasury of the Muslims.

Urwah bin al-Zubayr and Sulayman bin Yasar were asked about the son of a woman who underwent li'an and the son born of fornication: who inherits from him? They both said: His mother inherits her due share from him, and his maternal half-brothers their due shares; and the rest of his wealth is inherited by his mother's mawali (former masters) if she was a freed slave woman. If she was an Arab (freeborn) woman, she inherits her share, his maternal half-brothers inherit their shares, and the Muslims inherit the rest of his wealth.
Imam Malik (may Allah have mercy on him) said: That is the position among us, and it is what I found the people of knowledge in our city upon.

Imam al-Shafi'i (may Allah have mercy on him) reported that some people of knowledge have held our view on both of them except in one point: when his mother is an Arab woman or has no wala' (clientage), they return the rest of his inheritance to his mother's 'asabah, and they said: His mother's 'asabah are his 'asabah. They took as evidence narrations that are not established, and others that are not fit to serve as proof.

Sayyiduna Wathilah bin al-Asqa' (may Allah be pleased with him) narrates from the Prophet (peace and blessings be upon him) that he said: "A woman takes three kinds of inheritance: that of her freed slave, that of the foundling child she took in, and that of her son over whom she underwent li'an."
Umar bin Ru'bah al-Taghlibi, narrating from Abdul Wahid al-Nasri, is questionable (fihi nazar).

Makhul (may Allah have mercy on him) said that the Messenger of Allah (peace and blessings be upon him) made the mother of the son of a woman who underwent li'an the rightful heir of his inheritance, and after her, her heirs.

Similar to the previous hadith.
The hadith of Makhul is munqati' (its chain is broken), and Isa, who is Ibn Musa Abu Muhammad al-Qurashi, is questionable (fihi nazar).

Abdullah bin Ubayd al-Ansari (may Allah have mercy on him) said: I wrote to a brother of mine from Banu Zurayq: What was the ruling of the Messenger of Allah (peace and blessings be upon him) concerning the son of a woman who underwent li'an? He replied: The Messenger of Allah (peace and blessings be upon him) ruled in favour of his mother, and said: "She is in the position of his father and his mother."

Abdullah (may Allah have mercy on him) narrated from a man of Syria that the Prophet (peace and blessings be upon him) said: "The 'asabah of the son of a woman who underwent li'an are his mother's 'asabah."
Ustadh Abu al-Walid (may Allah have mercy on him) interpreted these reports as referring to the case where his mother is a freed slave woman.
This too is munqati' (its chain is broken).