Inheritance of a Child from Fornication

“This is a pronouncement from abu ‘ Abd Allah (a.s.). He (the Imam) has said, Tf a man falls upon a slave-girl of a people unlawfully, then buys her and claims her child, he cannot inherit from such a child anything. It is because the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has said, “A child belongs to the bed (owner thereof) and for the fornicator is the stone (penalty by stoning to death with due judicial process).” A child born out of wedlock cannot be made to inherit except in the case of a man who claims the child of his newly purchased (already pregnant) slave-girl. Anyone who claims a child to be his child then rejects him, such child is not his and it is not honorable, his child is joined with him if the child is from his wife or (newly purchased) slave-girl.’”

“Once certain persons of our people with me wrote to abu Ja’far, al-Thaniy (a.s.), asking about a man who commits the indecent act with a woman, then marries her after she becomes pregnant and gives birth to a child who of all creatures is similar to him. He (the Imam) wrote back in his handwriting the answer that said, ‘A child born out of wedlock cannot be made to inherit.’”

“This is a pronouncement of abu ’Abd Allah (a.s.), about the case of a man who falls upon the slave-girl of a people in an unlawful manner. He then buys her and claims her child. He (the Imam) has said, ’He cannot inherit from such child because the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has said, “A child belongs to the bed (owner thereof) and the fornicator deserve stones (to be stoned to death as penalty with due judicial process).” A child born out of wedlock cannot be inherited or made to inherit except in the case of a man who claims the child of his slave-girl.’”

“Once certain persons of our people with me wrote to abu Ja’far, al-Thaniy (a.s.), asking about a man who commits the indecent act with a woman; then marries her after she becomes pregnant and gives birth to a child who of all creatures is similar to him. He (the Imam) wrote back in his handwriting the answer that said, ‘A child from the indecent act is not inherited.’” Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa from Yunus who has narrated the following: “Inheritance of a child born out of wedlock belongs to the relatives of his mother like inheritance of a child of Mula‘anah (condemnation). (This is not a Hadith. It is the fatwa of Yunus and none of the many Ahadith that we have read has discussed it.)