Ruling on attributing a foundling to his adopter by lineage
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Fatwa number ( 122 )
Q: We present to you that one of our relatives, Uncle Hamad, adopted a male 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 amending the foundling's name; some saw amending his name, while others did not pay attention to it. Out of fear of confusion in lineage and error in inheritance, I ask for your fatwa on the ruling of the Shari'ah in 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 called by the name of 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, making the forbidden lawful and the lawful forbidden in seclusion and marriage, and similar 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, and the Prophet (peace and blessings be upon him) cursed the one who claims lineage to other than his father or other than
his freed slave. 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 and al-Bukhari and Muslim, and he (peace and blessings be upon him) said: Sunan Abi Dawud 5115Sahih (Al-Albani). Therefore, the effort of the inquirer's uncle in the aforementioned naming is
an error that it is not permissible to continue with, and it is obligatory to work on changing and amending it in accordance with the texts prohibiting this naming, and for the wisdoms mentioned above. 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, Uncle Hamad, adopted a male 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 amending the foundling's name; some saw amending his name, while others did not pay attention to it. Out of fear of confusion in lineage and error in inheritance, I ask for your fatwa on the ruling of the Shari'ah in 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 called by the name of 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, making the forbidden lawful and the lawful forbidden in seclusion and marriage, and similar 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, and the Prophet (peace and blessings be upon him) cursed the one who claims lineage to other than his father or other than
his freed slave. 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 القيامةan error that it is not permissible to continue with, and it is obligatory to work on changing and amending it in accordance with the texts prohibiting this naming, and for the wisdoms mentioned above. 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.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.