Inheritance of the Crying Newborn Child

“I once heard abu ’Abd Allah (a.s.), saying about newborn, ‘If he moves, he inherits; perhaps he is speechless.”’

“I once heard abu ‘Abd Allah (a.s.), saying, ‘If a miscarried child falls off the womb of his mother and moves with clear movement, he inherits and is inherited; perhaps he is speechless so that he did not cry.’”

“I once asked abu ‘Abd Allah (a.s.), about the case of a man who dies leaving behind a woman who is pregnant. She gives birth after his death and the boy dies after falling on the ground. The female nurse saw and heard him crying when falling on the ground but then died. He (the Imam) said, ‘It is up to the Imam to apply her testimony for the one-fourth of the legacy of the boy.’” (The testimony of the nurse is one out of four needed)

“I once heard abu ‘Abd Allah (a.s.), saying, ‘The testimony of a female nurse about the crying of a newborn at the time of birth is effective for one-fourth of the legacy proportionate to the testimony of one woman.’ I then asked, ‘What happens if they are two women?’ He (the Imam) said, ‘It is effective for one-half of the legacy.’”

“About the case of inheritance of a newborn from a wergild, abu ‘Abd Allah (a.s.), has said, ‘He cannot inherit from a wergild anything unless he cries at birth and his crying is heard.’”

“I once heard him (the Imam) (a.s.), saying, ‘A newborn does not inherit from a wergild anything unless he cries at the time of birth and his voice is heard.’”