The foundling does not inherit from his finder
Machine translationRead the Arabic original
Fatwa number ( 12966 )
Q: In the year 1370my father found a baby boy wrapped in cloth on the top of a mountain in the desert, with a stone built on it. My father took him and saved his life, and gave him to my mother, who raised him. She took charge of his care and breastfed him, as she had no other child at that time.at that time. She gave birth to a child for him through breastfeeding and breastfed him for two years. This child grew up, and my father named him (Mu'taq...). However, the boy grew up and was raised with us. The aforementioned is currently in the army with the rank of sergeant. Since my father and mother have passed away, and my father bequeathed that this boy should inherit with the family if Allah guides him, and since the aforementioned treats us and the family well, we ask Allah, then from
Your Eminence, please kindly issue a ruling on what is mentioned and on the relationship of kinship with the women, specifically the mother who breastfed him for two years, and the women who are related to the mother who breastfed him. Is he a mahram to any of them or not? Knowing that the aforementioned person was raised among us until he reached maturity and obtained a job. We request a ruling on the matter of inheritance and the relationship between us. May Allah preserve you.
A: First: We thank your father and mother for their kindness to this foundling until he grew up. Second: Breastfeeding that establishes kinship is five feedings or more within the first two years. If the child was breastfed by your mother in this manner, then he is her son and the son of her husband through breastfeeding, and a brother to all their children through breastfeeding. Allah the Exalted said:[An-Nisa 4:23] up to His saying: [An-Nisa 4:23] , and He said: [Al-Baqarah 2:233] . It is established that the Prophet (peace and blessings be upon him) said:
Sahih al-Bukhari 3105 . It is established from the hadith of Aisha (may Allah be pleased with her) that she said: Sahih Muslim 1452a . It is known that a feeding (radha'ah) is when the child holds the breast and then sucks milk from it; if he leaves it and returns and sucks milk, that is a second feeding, and so on. Third: It is not permissible for the aforementioned person to be attributed to your father as his son.
Fourth: The aforementioned person does not inherit from your father because he is not among his heirs. Fifth: If it is established that your father bequeathed to the aforementioned person one-third or less, there is no harm in that. You may maintain ties with the aforementioned person and be kind to him, for Allah does not waste the reward of those who do good. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Q: In the year 1370my father found a baby boy wrapped in cloth on the top of a mountain in the desert, with a stone built on it. My father took him and saved his life, and gave him to my mother, who raised him. She took charge of his care and breastfed him, as she had no other child at that time.at that time. She gave birth to a child for him through breastfeeding and breastfed him for two years. This child grew up, and my father named him (Mu'taq...). However, the boy grew up and was raised with us. The aforementioned is currently in the army with the rank of sergeant. Since my father and mother have passed away, and my father bequeathed that this boy should inherit with the family if Allah guides him, and since the aforementioned treats us and the family well, we ask Allah, then from
Your Eminence, please kindly issue a ruling on what is mentioned and on the relationship of kinship with the women, specifically the mother who breastfed him for two years, and the women who are related to the mother who breastfed him. Is he a mahram to any of them or not? Knowing that the aforementioned person was raised among us until he reached maturity and obtained a job. We request a ruling on the matter of inheritance and the relationship between us. May Allah preserve you.
A: First: We thank your father and mother for their kindness to this foundling until he grew up. Second: Breastfeeding that establishes kinship is five feedings or more within the first two years. If the child was breastfed by your mother in this manner, then he is her son and the son of her husband through breastfeeding, and a brother to all their children through breastfeeding. Allah the Exalted said:
Prohibited to you [for marriage] are your mothers, your daughters
حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ وَبَنَاتُكُمْyour sisters through nursing
وَأَخَوَاتُكُمْ مِنَ الرَّضَاعَةِMothers may breastfeed their children two complete years for whoever wishes to complete the nursing [period].
وَالْوَالِدَاتُ يُرْضِعْنَ أَوْلادَهُنَّ حَوْلَيْنِ كَامِلَيْنِ لِمَنْ أَرَادَ أَنْ يُتِمَّ الرَّضَاعَةَWhat is rendered illegal because of blood relations, is also rendered illegal because of the corresponding foster-relations.
الرضاعة تحرم ما تحرم الولادةit had been revealed in the Holy Qur'an that ten clear sucklings make the marriage unlawful, then it was abrogated (and substituted) by five sucklings and Allah's Apostle (ﷺ) died and it was before that time (found) in the Holy Qur'an (and recited by the Muslims).
كان فيما أنزل من القرآن: عشر رضعات معلومات يحرمن، ثم نسخن بخمس معلومات، فتوفي رسول الله صلى الله عليه وسلم والأمر على ذلكFourth: The aforementioned person does not inherit from your father because he is not among his heirs. Fifth: If it is established that your father bequeathed to the aforementioned person one-third or less, there is no harm in that. You may maintain ties with the aforementioned person and be kind to him, for Allah does not waste the reward of those who do good. 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.