The ruling on the inheritance of a foundling from the one who found him
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A person asked the following question: After I had prayed Fajr, and while I was walking on my way to my house, I found a child thrown on the ground. I took him, and he nursed with my daughter. Then my daughter passed away to the mercy of Allah the Exalted, so he nursed in place of my daughter. After that, he grew up, and I taught him, and he worked in one of the jobs or in one of the factories. Is it permissible for him to receive an inheritance from me, or not?
This is a foundling who was found in the market, so the man picked him up, had him nurse from his wife, and raised him. Does he inherit from the man if the man dies, or does the man inherit from him if the foundling dies? Most scholars hold that there is no mutual inheritance between them;Because the causes of inheritance are three: [The causes of inheritance are] kinship, marriage, and the loyalty of manumission, and this is not among them. Accordingly, if the foundling dies, his inheritance goes to the public treasury; whatever wealth he leaves behind is taken and given to the public treasury that the government oversees.
Some scholars held that if the foundling has no sons or daughters, the one who found him inherits from him,Meaning: the one who found him and raised him; because he is the most deserving of people regarding him. He labored over him and raised him until he was like his own sons. This is the correct opinion that the Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) chose.
And accordingly, the answer is: That if the foundling dies, the one who found him inherits from him if the foundling has no children. If he has a wife—Meaning: the foundling married—then the wife takes her inheritance, which is one quarter if he has no children, and the rest goes to the one who found him. This is the stronger opinion. As for if the one who found him dies, the foundling does not inherit from him; because the foundling has no favor upon the one who found him, so he has no inheritance from him.
This is a foundling who was found in the market, so the man picked him up, had him nurse from his wife, and raised him. Does he inherit from the man if the man dies, or does the man inherit from him if the foundling dies? Most scholars hold that there is no mutual inheritance between them;Because the causes of inheritance are three: [The causes of inheritance are] kinship, marriage, and the loyalty of manumission, and this is not among them. Accordingly, if the foundling dies, his inheritance goes to the public treasury; whatever wealth he leaves behind is taken and given to the public treasury that the government oversees.
Some scholars held that if the foundling has no sons or daughters, the one who found him inherits from him,Meaning: the one who found him and raised him; because he is the most deserving of people regarding him. He labored over him and raised him until he was like his own sons. This is the correct opinion that the Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) chose.
And accordingly, the answer is: That if the foundling dies, the one who found him inherits from him if the foundling has no children. If he has a wife—Meaning: the foundling married—then the wife takes her inheritance, which is one quarter if he has no children, and the rest goes to the one who found him. This is the stronger opinion. As for if the one who found him dies, the foundling does not inherit from him; because the foundling has no favor upon the one who found him, so he has no inheritance from him.