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(Book 27, Hadith 16) #36160
Inheritance Rights of Children Born Out of Wedlock

SUMMARY: The hadith discusses the inheritance rights of a child born out of wedlock and their mother.

Yahya related to me from Malik that he had heard that Urwa ibn az-Zubayr said about the child of lian and the child of fornication, that if they died, the mother inherited her right from them according to the Book of Allah, the Mighty, the Majestic! The siblings by the mother had their rights. The rest was inherited by the former masters of the mother if she was a freed slave. If she was a free woman by origin, she inherited her due and the siblings by the mother inherited their due, and the rest went to the Muslims. Malik said, "I heard the same as that from Sulayman ibn Yasar". Malik said, "That is what I saw the people of knowledge in our city doing".
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، أَنَّهُ بَلَغَهُ أَنَّ عُرْوَةَ بْنَ الزُّبَيْرِ، كَانَ يَقُولُ فِي وَلَدِ الْمُلاَعَنَةِ وَوَلَدِ الزِّنَا إِنَّهُ إِذَا مَاتَ وَرِثَتْهُ أُمُّهُ حَقَّهَا فِي كِتَابِ اللَّهِ عَزَّ وَجَلَّ وَإِخْوَتُهُ لأُمِّهِ حُقُوقَهُمْ وَيَرِثُ الْبَقِيَّةَ مَوَالِي أُمِّهِ إِنْ كَانَتْ مَوْلاَةً وَإِنْ كَانَتْ عَرَبِيَّةً وَرِثَتْ حَقَّهَا وَوَرِثَ إِخْوَتُهُ لأُمِّهِ حُقُوقَهُمْ وَكَانَ مَا بَقِيَ لِلْمُسْلِمِينَ ‏.‏ قَالَ مَالِكٌ وَبَلَغَنِي عَنْ سُلَيْمَانَ بْنِ يَسَارٍ، مِثْلُ ذَلِكَ ‏.‏ قَالَ مَالِكٌ وَعَلَى ذَلِكَ أَدْرَكْتُ أَهْلَ الْعِلْمِ بِبَلَدِنَا
TOPICS
inheritance  *  child  *  wedlock  *  mother  *  istiwaa  *  walad  *  nikah  *  umm

QUICK LESSONS:
Respect all kinds people regardless if they are born out or wedlock or not; give everyone their due right in terms of inheritance; follow Islamic teachings on matters related to justice and fairness; treat everyone equally without discrimination based on birth status etc..

EXPLANATIONS:
This hadith discusses the inheritance rights of a child born out of wedlock and their mother. According to this hadith, if such a child dies, the mother inherits her right from them according to the Book of Allah. The siblings by the mother also have their rights in terms of inheritance. If the mother is a freed slave then any remaining inheritance goes to her former masters; however if she is free by origin then she inherits her due and so do her siblings by the mother while any remaining goes to Muslims in general. This shows that Islam has provided for all kinds of situations and has given everyone their due right in terms of inheritance regardless if they are born out or wedlock or not.

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