Darussalam · Volume 4
27. Chapters On Inheritance From The Messenger Of Allāh ﷺJami at-Tirmidhi Darussalam English translation
الجزء: 3 ¦ الصفحة: 615
Source no. 2113 · Volume 5 · Page 113
Sahih
صحيح، المشكاة (٣٠٥٤ / التحقيق الثانى)
Select a passage to highlight it. Click or tap a highlight to remove it.
2113. ‘Amr bin Shu‘aib narrated from his father, from his grandfather, that the Messenger of Allāh ﷺ said: "Any man who fornicates with a free woman, or a slave woman, then the child born from Zinā does not inherit, nor is it inherited from." (Hasan) [Abū 'Eisā said:] This Hadīth has been reported from others besides Ibn Lahī'ah, from 'Amr bin Shu'aib, and this is acted upon according to the people of knowledge; the child of Zinā does not inherit from his father.
٢١١٣ - حَدَّثَنَا قُتَيْبَةُ، قَالَ: حَدَّثَنَا ابْنُ لَهِيعَةَ ، عَنْ عَمْرِو بْنِ شُعَيْبٍ، عَنْ أَبِيهِ ، عَنْ جَدِّهِ أَنَّ رَسُولَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ: «أَيُّمَا رَجُلٍ عَاهَرَ» بِحُرَّةٍ أَوْ أَمَةٍ فَالْوَلَدُ وَلَدُ زِنَا لَا يَرِثُ وَلَا يُورَثُ. وَقَدْ رَوَى غَيْرُ ابْنِ لَهِيعَةَ هَذَا الْحَدِيثَ عَنْ عَمْرِو بْنِ شُعَيْبٍ. وَالْعَمَلُ عَلَى هَذَا عِنْدَ أَهْلِ الْعِلْمِ: أَنَّ وَلَدَ الزِّنَا لَا يَرِثُ مِنْ أَبِيهِ.
Your commentary saves automatically in this browser, separate from the published commentary. It stays private unless you include it in a shared study file.
[1] The reasoning behind this proof is that in the case of a slave who accepts Islam, at the hand of other than his master, the above text would indicate that the one at whose hand he accepted Islam is his heir. While the text used by Ash-Shāfi‘ī indicates that if that slave is freed by his master, then the master who freed him is his heir, and this is an ‘agreed upon’ Hadīth, while no. 2112 is not, the preference has been given to the more ‘agreed upon’ text.
Inheritance between the father and his children is established through lineage. No such relationship is established or recognized between the fornicator and his illegitimate child in Islam. As such, neither of them can inherit from the other.