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Text and translation
English translation
2746. It was narrated from 'Amr bin Shu'aib, from his father, from his grandfather, that the Messenger of Allāh ﷺ said: "Every child who is attributed to his father after his father to whom he is attributed has died, and his heirs attributed him to him after he died, he ruled that[1] whoever was born to a slave woman whom he owned at the time when he had intercourse with her, he should be named after the one to whom he was attributed, but he has no share of any inheritance that was distributed previously. Whatever inheritance he finds has not yet been distributed, he will have a share of it. But he cannot be named after his father if the man whom he claimed as his father did not acknowledge him.
If he was born to a slave woman whom his father did not own, or to a free woman with whom he committed adultery, then he cannot be named after him and he does not inherit from him, even if the one whom he claims as his father acknowledges him. So he is an illegitimate child who belongs to his mother's people, whoever they are, whether she is a free woman or a slave." (Hasan)
(One of the narrators) Muhammad bin Râshid said: "What is meant by that is what was distributed out during the Ignorance period, before Islam."
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Footnotes
1
[1] In the version with Abu Dāwūd it is: "The Prophet ﷺ ruled that every" so this is the meaning here.
Commentary
من حديث محمد بن راشد به، وحسنه البوصيري.
a. In the period of Ignorance, illegal sexual intercourse with slave woman was a normal feature of the society, and it was not considered a sin. Illegal sexual intercourse with a free woman was a social vice, but it was a part of the social life.
b. In the case of various claimants of a child, the Prophet ﷺ issued the following principle: i) A legal child who's father is the husband of a free woman, or master of a slave woman. This type of legal child is an heir of his father. ii) If a man who is attributed as a father of a child disowns the child in his life time, that child will not be deemed his child, and will not get any share from his inheritance, and vice versa. iii) If a child is born as a result of illicit relations and the adulterer admits that he is the father of the child, even then he will not be considered the child's father, nor he/she will get a share from the inheritance, and vice versa.
