The Inheritance of a Foundling
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Fatwa No. ( 1210 )
Q: Regarding what he mentioned about his mother passing away, leaving him and his sisters, and that they had a foundling whom his mother raised, and that in distributing his late mother’s estate, he gave the foundling the same share as a daughter, without consulting the heirs, and some of them are not satisfied with this action, and he asks about the ruling on this action?
A: The aforementioned foundling has no right of inheritance in the questioner’s mother. If one of the heirs objects to his action, it is obligatory for him, in his capacity as the administrator of the estate, to secure for her the right in which he acted incorrectly; because the right belongs to them. What they waived is considered a gift from them, and what they claimed from it is considered their right, and they have the right to claim it. And the foundling
mentioned is considered a stranger to them. She must observe hijab from the children of her aforementioned foster mother, unless their mother breastfed her with a breastfeeding that is considered valid by the Shari'ah. In that case, she is their sister through breastfeeding, and she has no right of inheritance whatsoever. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Regarding what he mentioned about his mother passing away, leaving him and his sisters, and that they had a foundling whom his mother raised, and that in distributing his late mother’s estate, he gave the foundling the same share as a daughter, without consulting the heirs, and some of them are not satisfied with this action, and he asks about the ruling on this action?
A: The aforementioned foundling has no right of inheritance in the questioner’s mother. If one of the heirs objects to his action, it is obligatory for him, in his capacity as the administrator of the estate, to secure for her the right in which he acted incorrectly; because the right belongs to them. What they waived is considered a gift from them, and what they claimed from it is considered their right, and they have the right to claim it. And the foundling
mentioned is considered a stranger to them. She must observe hijab from the children of her aforementioned foster mother, unless their mother breastfed her with a breastfeeding that is considered valid by the Shari'ah. In that case, she is their sister through breastfeeding, and she has no right of inheritance whatsoever. 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.