The Ruling on Adoption and the Exclusion of Heirs
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Question:
He says: My uncle did not have any children, so he wished to have sons from the Mallebiyyah, and he excluded his brothers and sisters from their inheritance. What is the ruling on excluding them?
Answer:
We seek refuge in Allah from adoption. Allah, Glorified and Exalted is He, has invalidated adoption. This was practiced in the pre-Islamic age of ignorance (jahiliyyah). The Messenger (peace and blessings be upon him) invalidated this by the command of Allah, Blessed and Exalted is He, as stated in Surat al-Ahzab: "Call them by the names of their fathers"[Al-Ahzab 33:4-5]. He says: My brother in religion, in religion, not in lineage. My brother in religion, and your clients if they were slaves. But to make him your son like a son by lineage, Islam has invalidated this, and it is not permissible. It is one of the major sins, so it is not permissible, especially because it leads to the prohibition of marriage with women, it leads to inheritance, and it leads to the exclusion of the heirs. This is not permissible; it is invalid. Yes.
He says: My uncle did not have any children, so he wished to have sons from the Mallebiyyah, and he excluded his brothers and sisters from their inheritance. What is the ruling on excluding them?
Answer:
We seek refuge in Allah from adoption. Allah, Glorified and Exalted is He, has invalidated adoption. This was practiced in the pre-Islamic age of ignorance (jahiliyyah). The Messenger (peace and blessings be upon him) invalidated this by the command of Allah, Blessed and Exalted is He, as stated in Surat al-Ahzab: "Call them by the names of their fathers"
And he has not made your adopted sons your [true] sons. That is [merely] your saying by your mouths, but Allah says the truth, and He guides to the [right] way. (5) Call them by [the names of] their fathers; it is more just in the sight of Allah. But if you do not know their fathers - then they are [still] your brothers in religion
وَمَا جَعَلَ أَدْعِيَاءَكُمْ أَبْنَاءَكُمْ ذَٰلِكُمْ قَوْلُكُم بِأَفْوَاهِكُمْ وَاللَّهُ يَقُولُ الْحَقَّ وَهُوَ يَهْدِي السَّبِيلَ ادْعُوهُمْ لِآبَائِهِمْ هُوَ أَقْسَطُ عِندَ اللَّهِ فَإِن لَّمْ تَعْلَمُوا آبَاءَهُمْ فَإِخْوَانُكُمْ فِي الدِّينِ
Source
دروس الحرم، درس التفسير من الحرم 12-08-1433هـ — alfawzan.live (43:33)
The Arabic text is a machine transcription of the audio recording.