Adoption of a foundling
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Fatwa number ( 17230 )
Q: One of my relatives found a child who was only a few hours old at the time, and she informed me of this. This relative is poor and struggles to earn a living through hard labor. Therefore, I decided, between myself and Allah, to do the following: I spoke with my wife about this matter, and we agreed to raise the boy and adopt him,
seeking thereby the Face of Allah and His pleasure, and believing that Allah will provide us with sustenance through this child, who is not to blame for this heinous crime. Out of fear that the child would be raised poorly and left to step toward vice and deviation, and Allah knows the sincerity of my intention. At that time, I did not know from the Qur'an regarding adoption except the verse in which Allah, Glorified and Exalted is He, singled out His noble Messenger (peace and blessings be upon him). Allah the Exalted said:[Al-Ahzab 33:40]. To the extent of my knowledge at that time, it applied to the Prophet (peace and blessings be upon him) alone, not to other people. I registered the child under my name so that there would be no reason for him to be mocked or exposed, and I did not file any reports with the police, nor are there any documents proving that he is my adopted son. After nine years, Satan began to whisper in my wife's ear that this boy was my son from another wife, and problems began between us. Her argument was knowing what is lawful and what is forbidden regarding the boy's presence with us, and the ruling on this matter in the Shari'ah, even though she had breastfed him from her milk, which came after she had weaned her own son by three months, but the child was unable to nurse, so she put the milk in his mouth more than once. Now, after the problems have intensified, I am unable to prove that this child is my adopted son after (9) years, because he is registered in
the official documents under my name. So I ask you to clarify to me and my wife whether what we did is forbidden and we will be held accountable for it, despite my lack of knowledge and the sincerity of my intention, and that I sought nothing behind it but the Face of Allah and His pleasure. Tell us what we should do now, as the child is (9) years old, and he and his siblings all know that he is my son? Please inform us, may Allah reward you, with an official letter so that I may settle matters with my wife.
A: What you two did regarding the abandoned child, in raising him and being kind to him, is a good deed for which you will be rewarded. As for adoption, it is not valid and not permissible, and the child is considered a stranger to you both, and your wife must observe hijab from him; except if she breastfed him five times within the first two years, in which case he becomes your son through breastfeeding. You must refer to the Shari'ah court to complete what is related to that. And Allah knows best. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: One of my relatives found a child who was only a few hours old at the time, and she informed me of this. This relative is poor and struggles to earn a living through hard labor. Therefore, I decided, between myself and Allah, to do the following: I spoke with my wife about this matter, and we agreed to raise the boy and adopt him,
seeking thereby the Face of Allah and His pleasure, and believing that Allah will provide us with sustenance through this child, who is not to blame for this heinous crime. Out of fear that the child would be raised poorly and left to step toward vice and deviation, and Allah knows the sincerity of my intention. At that time, I did not know from the Qur'an regarding adoption except the verse in which Allah, Glorified and Exalted is He, singled out His noble Messenger (peace and blessings be upon him). Allah the Exalted said:
Muhammad is not the father of [any] one of your men, but [he is] the Messenger of Allah and last of the prophets
مَا كَانَ مُحَمَّدٌ أَبَا أَحَدٍ مِنْ رِجَالِكُمْ وَلَكِنْ رَسُولَ اللَّهِ وَخَاتَمَ النَّبِيِّينَthe official documents under my name. So I ask you to clarify to me and my wife whether what we did is forbidden and we will be held accountable for it, despite my lack of knowledge and the sincerity of my intention, and that I sought nothing behind it but the Face of Allah and His pleasure. Tell us what we should do now, as the child is (9) years old, and he and his siblings all know that he is my son? Please inform us, may Allah reward you, with an official letter so that I may settle matters with my wife.
A: What you two did regarding the abandoned child, in raising him and being kind to him, is a good deed for which you will be rewarded. As for adoption, it is not valid and not permissible, and the child is considered a stranger to you both, and your wife must observe hijab from him; except if she breastfed him five times within the first two years, in which case he becomes your son through breastfeeding. You must refer to the Shari'ah court to complete what is related to that. And Allah knows best. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.