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Text and translation
English translation
2712. It was narrated from 'Amr bin Khârijah: "The Prophet ﷺ addressed them when he was on his camel. His camel was chewing its cud and its saliva was dripping between my shoulders. He said: 'Allāh has allocated for each heir his share of the inheritance, so it is not permissible (to make) a bequest for an heir. The child belongs to the bed and the adulterer gets the stone. Whoever claims to belong to someone other than his father, or (a freed slave) who claims that his Walâ[1] is for other than his Mawâli, upon him will be the curse of Allāh, the angels and all the people, and no change nor equitable exchange will be accepted from him.'"[2] Or he said: "No equitable exchange nor change." (Hasan)
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Footnotes
1
[1] Referring to the relationship of inheritance between the freed slave and the one who freed him. In most cases, the freed slave's tribe name will be the same as that of the one who freed him. See no. 2609.
2
[2] No Sarf - they say it means no repentance, which is changing from the state of disobedience to the state of obedience; and no Adl - meaning no equity through ransoming. And it is said to be for the purpose of stressing the gravity of the wrong. See explanation by Sindi. See no. 2635.
Commentary
The share of inheritance for the relatives which has been fixed by Allāh, they must get it accordingly.
In the case of the share of inheritance for relatives which have not been fixed by Allāh, making an adequate will for them is commanded.
By making an excuse for an orphan grandson, allegations are placed on the system of Islamic inheritance. For example one man has two sons, one is alive and the other has died, but the son who has died has a son who is alive. It means the deceased has an orphan grandson who, according to the law of inheritance, is not liable to inherit anything from the property of his grandfather, because in the presence of a close relative from the father's side, a distant relative is not liable of getting any share. In such a rare and uncommon situation, making change in Divine law is a great audacity, whereas a legal way out is available in the laws of inheritance. A person, before his death, can advise giving his orphan grandson an adequate share of his wealth, or the legal heirs can give him some share from their own shares, as they think proper.
To make a will in favor of legal heirs is not permitted, because if this will is in accordance with the law of inheritance, there is no need for it, as they get it automatically, and if this is not in accordance with the law of inheritance, it is not legal to carry out in and it will be dismissed by itself.
This narration that the child belongs to the bed has already been explained in Hadith no. 2004.
Bloodline relationship cannot be changed, that is why in Islam there is no concept of adoption. According to the Islamic point of view, to adopt someone as a son is a great sin.
The relationship of Walī is also unchangeable. One who has freed a slave is his Mawālī, and a freed slave cannot say anyone else is his Mawālī as it is a great sin.
