The ruling on attributing a foundling to the one who found him
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The second question of Fatwa No. ( 11923 )
Q2: It was about eighteen years ago, before the Fajr prayer on one day, that I found a baby wrapped in a cloth while I was on my way to the mosque. At the time, he was crying, and his voice caught my attention. I took the child to my house, and my wife was pregnant at the time. During the days of labor, my wife nursed this child before she gave birth, and by the power of Allah, her milk came for him. She continued to nurse him until she gave birth to her own child, so the period was four days from when she started nursing the foundling until she delivered. I kept this matter hidden from everyone until my wife gave birth to her child, at which point I spread the rumor among people that she had given birth to twins in order to hide the suspicion regarding this child.
I obtained a birth certificate for twins, and since that date, all the people and my children have known that this specific boy is my son, and no one has ever doubted that. My hope in life is that this child never learns the truth of his situation, no matter what it costs me, knowing that I am ready to treat him equally with his siblings in what I have. I am a man of moderate means, and I do not have anything that would cause my children to dispute over it. My question is: A - Do I bear sin for having hidden the truth of his situation from the boy, knowing that my hope in Allah the Most High, the Almighty, is that the boy never learns the truth of his situation? B - Should I allocate a specific portion of what I own to this boy in writing during my lifetime, or should I leave what I own to be shared among my children, to be distributed after my death?
A2: It is obligatory for you to inform the foundling boy and to mitigate the calamity, explaining that he is neither first nor last, and that this does not harm him religiously if he remains upright upon the religion of Allah. It is not permissible for you to hide this, because hiding it leads to many harms, including that he is counted among your sons, and is considered a residuary heir to your daughters and other sisters, just like your other sons, and he competes with your children in inheritance despite not being one of them. There is no objection to making a bequest to him of one-third or less, and giving him something immediately. Be glad of the great reward and abundant recompense for your kindness and mercy.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q2: It was about eighteen years ago, before the Fajr prayer on one day, that I found a baby wrapped in a cloth while I was on my way to the mosque. At the time, he was crying, and his voice caught my attention. I took the child to my house, and my wife was pregnant at the time. During the days of labor, my wife nursed this child before she gave birth, and by the power of Allah, her milk came for him. She continued to nurse him until she gave birth to her own child, so the period was four days from when she started nursing the foundling until she delivered. I kept this matter hidden from everyone until my wife gave birth to her child, at which point I spread the rumor among people that she had given birth to twins in order to hide the suspicion regarding this child.
I obtained a birth certificate for twins, and since that date, all the people and my children have known that this specific boy is my son, and no one has ever doubted that. My hope in life is that this child never learns the truth of his situation, no matter what it costs me, knowing that I am ready to treat him equally with his siblings in what I have. I am a man of moderate means, and I do not have anything that would cause my children to dispute over it. My question is: A - Do I bear sin for having hidden the truth of his situation from the boy, knowing that my hope in Allah the Most High, the Almighty, is that the boy never learns the truth of his situation? B - Should I allocate a specific portion of what I own to this boy in writing during my lifetime, or should I leave what I own to be shared among my children, to be distributed after my death?
A2: It is obligatory for you to inform the foundling boy and to mitigate the calamity, explaining that he is neither first nor last, and that this does not harm him religiously if he remains upright upon the religion of Allah. It is not permissible for you to hide this, because hiding it leads to many harms, including that he is counted among your sons, and is considered a residuary heir to your daughters and other sisters, just like your other sons, and he competes with your children in inheritance despite not being one of them. There is no objection to making a bequest to him of one-third or less, and giving him something immediately. Be glad of the great reward and abundant recompense for your kindness and mercy.
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.