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(Book 29, Hadith 36) #36253
Inheritance Rights of a Child Born Out of Li'an or Fornication

SUMMARY: The hadith explains the inheritance rights of a child born out of li'an or fornication.

Yahya related to me from Malik that he had heard that 'Urwa ibn az-Zubayr said that if the child of the woman against whom li'an had been pronounced or the child of fornication, died, his mother inherited from him her right in the Book of Allah the Exalted, and his maternal half-brothers had their rights. The rest was inherited by the owners of his mother's wala' if she was a freed slave. If she was an ordinary free woman, she inherited her right, his maternal brothers inherited their rights, and the rest went to the Muslims. Malik said,"I heard the same as that from Sulayman ibn Yasar, and it 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 أَنَّهُ إِذَا مَاتَ وَرِثَتْهُ أُمُّهُ حَقَّهَا فِي كِتَابِ اللَّهِ تَعَالَى 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 ‏.‏ وَعَلَى ذَلِكَ أَدْرَكْتُ أَهْلَ الْعِلْمِ بِبَلَدِنَا
TOPICS
inheritance  *  fornication  *  lian  *  wala

QUICK LESSONS:
Respect Islamic Law regarding inheritance matters; respect others regardless their background; treat everyone equally before law regardless one's social status etc..

EXPLANATIONS:
This hadith discusses the inheritance rights of a child born out of li’an or fornication. Li’an is an Arabic term which means to curse someone in front of two witnesses and it is usually done when a husband accuses his wife falsely and she denies it in front of two witnesses. In this case, if the child dies then his mother has her right according to the Book Of Allah and his maternal half-brothers have their rights as well. If the mother was a freed slave then her wala’ will be inherited by its owners but if she was an ordinary free woman then she will inherit her right along with his maternal brothers and rest goes to Muslims. This hadith teaches us that even though such children are born out from illegitimate relationships they still have their own rights which should be respected by all Muslims according to Islamic law.

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