Adopting a foundling, naming him with his own name, and the death of the adopter
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Fatwa number ( 122 )
Q: We present to you that one of our relatives, an uncle (H. M. S. Sh.), adopted a foundling, raised him, taught him, and treated him well. Through his own effort and affection, he named him (Y. H. Sh.). Then the adopter passed away in al-Zubayr, and he had no children to inherit from him. The boy has reached maturity and enrolled in the Dhahran Technical Institute. The relatives have consulted on changing the foundling's name; some saw it as necessary to change his name, while others did not pay attention to it. Out of fear of confusion in lineage and error in inheritance, I ask you to issue a ruling according to the Shari'ah on this matter so that we may proceed in light of the fatwa.
A: It is not permissible in the Shari'ah to attribute a foundling to his adopter by lineage, such that the foundling's father is named after the adopter, and the foundling is attributed to him as a son is to his father and to his tribe, as stated in the inquiry. This is because it involves lying and falsehood, confusion of lineages, danger to honor, and altering the course of inheritance by depriving a rightful heir and giving to one who is not entitled, thereby making the forbidden
permissible and the permissible forbidden in matters of seclusion and marriage, and in other violations of sacred boundaries and transgressions of the limits of the Shari'ah. Therefore, Allah has forbidden attributing a child to other than his father. The Prophet (peace and blessings be upon him) cursed the one who claims lineage to other than his father or other than his master. Allah the Exalted said:[Al-Ahzab 33:4-5] And the Prophet (peace and blessings be upon him) said: Sahih al-Bukhari 4326, 4327 Narrated by Ahmad , al-Bukhari , and Muslim . And he (peace and blessings be upon him) said: Sunan Abi Dawud 5115Sahih (Al-Albani) Thus, the inquirer's effort in the naming mentioned is an error that it is not permissible to continue with. It is obligatory to work on changing and correcting the name in accordance with the texts that prohibit this naming, and for the reasons previously explained. As for showing affection to the foundling, raising him, and treating him well, that is a known good deed that the Islamic Shari'ah has encouraged.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: We present to you that one of our relatives, an uncle (H. M. S. Sh.), adopted a foundling, raised him, taught him, and treated him well. Through his own effort and affection, he named him (Y. H. Sh.). Then the adopter passed away in al-Zubayr, and he had no children to inherit from him. The boy has reached maturity and enrolled in the Dhahran Technical Institute. The relatives have consulted on changing the foundling's name; some saw it as necessary to change his name, while others did not pay attention to it. Out of fear of confusion in lineage and error in inheritance, I ask you to issue a ruling according to the Shari'ah on this matter so that we may proceed in light of the fatwa.
A: It is not permissible in the Shari'ah to attribute a foundling to his adopter by lineage, such that the foundling's father is named after the adopter, and the foundling is attributed to him as a son is to his father and to his tribe, as stated in the inquiry. This is because it involves lying and falsehood, confusion of lineages, danger to honor, and altering the course of inheritance by depriving a rightful heir and giving to one who is not entitled, thereby making the forbidden
permissible and the permissible forbidden in matters of seclusion and marriage, and in other violations of sacred boundaries and transgressions of the limits of the Shari'ah. Therefore, Allah has forbidden attributing a child to other than his father. The Prophet (peace and blessings be upon him) cursed the one who claims lineage to other than his father or other than his master. Allah the Exalted said:
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 and those entrusted to you. And there is no blame upon you for that in which you have erred but [only for] what your hearts intended. And ever is Allah Forgiving and Merciful.
وَمَا جَعَلَ أَدْعِيَاءَكُمْ أَبْنَاءَكُمْ ذَلِكُمْ قَوْلُكُمْ بِأَفْوَاهِكُمْ وَاللَّهُ يَقُولُ الْحَقَّ وَهُوَ يَهْدِي السَّبِيلَ (4) ادْعُوهُمْ لآبَائِهِمْ هُوَ أَقْسَطُ عِنْدَ اللَّهِ فَإِنْ لَمْ تَعْلَمُوا آبَاءَهُمْ فَإِخْوَانُكُمْ فِي الدِّينِ وَمَوَالِيكُمْ وَلَيْسَ عَلَيْكُمْ جُنَاحٌ فِيمَا أَخْطَأْتُمْ بِهِ وَلَكِنْ مَا تَعَمَّدَتْ قُلُوبُكُمْ وَكَانَ اللَّهُ غَفُورًا رَحِيمًاIf somebody claims to be the son of somebody other than his father knowingly, he will be denied Paradise (i.e. he will not enter Paradise).
من ادعى إلى غير أبيه وهو يعلم فالجنة عليه حرامIf anyone pretends to be the son of a man other than his father, or attributes his freedom to people other than those who set him free, on him will be the curse of Allah that will continue till the day of resurrection.
من ادعى إلى غير أبيه أو انتمى إلى غير مواليه فعليه لعنة الله المتتابعة إلى يوم القيامةAnd 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.