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The illegitimate child does not inherit from the father

Answered according to Hanafi Fiqh by HadithAnswers.com
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Question

Is this a Hadith and what is the reference?

“Any man who fornicates with a free woman or a slave woman, then the child born from zina does not inherit, nor is it inherited from.”

 

Answer

Yes, this is a Hadith of Rasulullah (sallallahu ‘alayhi wa sallam) recorded in Sunan Tirmidhi and Sunan Ibn Majah.

Sayyiduna ‘Amr ibn Shu’ayb reports from his father who reports from his grandfather that Rasulullah (sallallahu ‘alayhi wa sallam) said: “Any man who fornicates with a slave or free woman [and a child is born], that child will be born from zina [illegitimate], will not inherit [from him] nor will the child be inherited from.”

(Sunan Tirmidhi, Hadith: 2113, Sunan Ibn Majah, Hadith: 2745. Also see: Sunan Abi Dawud, Hadith: 2259)

 

Note: I have merely answered your question regarding the authenticity of the narration in question. This should therefore not be viewed as a Fiqh ruling/fatwa. Kindly contact a Mufti/Darul Ifta for a fatwa on this matter.

 

And Allah Ta’ala Knows best.

 

Answered by: Moulana Suhail Motala

 

Approved by: Moulana Muhammad Abasoomar

This answer was collected from HadithAnswers.com. The answers were either answered or checked by Moulana Haroon Abasoomar (rahimahullah) who was a Shaykhul Hadith in South Africa, or by his son, Moulana Muhammad Abasoomer (hafizahullah), who is a Hadith specialist. 

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