Darussalam · Volume 4
23. The Chapters OnShares Of InheritanceSunan Ibn Majah Darussalam English translation
الحديث: 2745 ¦ الجزء: 2 ¦ الصفحة: 917
Source no. 2745 · Volume 6 · Page 245
Hasan
حسن، المشكاة (٣٠٥٤ / التحقيق الثاني) ، صحيح أبي داود (١٩٥٩ - ١٩٦٠)
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2745. It was narrated from ‘Amr bin Shu’aib, from his father, from his grandfather that the Messenger of Allāh ﷺ said: “Whoever commits adultery with a slave woman or a free woman, his child is illegitimate, and he cannot inherit from him or be inherited from (i.e., this child cannot inherit from him).” (Hasan)
2745 - حَدَّثَنَا أَبُو كُرَيْبٍ قَالَ: حَدَّثَنَا يَحْيَى بْنُ الْيَمَانِ، عَنِ الْمُثَنَّى بْنِ الصَّبَّاحِ، عَنْ عَمْرِو بْنِ شُعَيْبٍ، عَنْ أَبِيهِ، عَنْ جَدِّهِ قَالَ: قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ «مَنْ عَاهَرَ أَمَةً أَوْ حُرَّةً، فَوَلَدُهُ وَلَدُ زِنًا لَا يَرِثُ وَلَا يُورَثُ»
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[1] In his notes on Musnad Ahmad Sindī said: “By negating his father’s relationship to his grandfather and even further.”
Issues of inheritance depend on the basis of a legal marriage bond. Though a child born as a result of adultery is the son of the adulterer, still, in the eyes of law, he is a bastard, and has no legal relation with his father, therefore, he cannot become his heir. The mother is an heir of her child whether her child is legitimate, or born as a result of illicit relations with someone, and the relationship of the child regarding inheritance remains regular. The link of the child also remains regular with maternal family in inheritance matters.