A foundling was breastfed with my daughter, grew up, and I raised him and he worked in a company. Does he inherit from me, or do I inherit from him?
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The questioner : Peace be upon you and Allah's mercy and blessings.
The Shaykh : And peace be upon you, and the mercy of Allah and His blessings.
The questioner : May Allah guide you and me to what is in the interest of the Muslims.
The Shaykh : Ameen
The questioner : Allow me to ask you a few questions:
The first question: A man asked me a question and said to me, "While I was praying Fajr, and after I had finished my prayer, I was walking when I found a child thrown on the ground. I took him, and he was breastfed with my daughter. My daughter passed away to the mercy of Allah the Exalted, so he was breastfed in place of my daughter. After that, he grew up, I taught him, and he worked in one of the jobs or one of the factories. Is it permissible for him to inherit from me, or not?"
The Shaykh : I mean, does he inherit from him, or not?
The questioner : Yes, he inherits from him.
The Shaykh : Did you hear this statement? A foundling was found in the market, so a man picked him up and had him breastfed by his wife and raised him. Does he inherit from the man if the man dies, or does the man inherit from the foundling if the foundling dies?
Most scholars hold that there is no mutual inheritance between them, because the causes of inheritance are three: 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, which is under the government's authority.
Some scholars held that if the foundling has no sons or daughters, he is inherited by the one who picked him up, meaning the one who found him and raised him, because he is the most deserving of people regarding him, as he labored over him and raised him until he was like his own children. This is the correct opinion, which was chosen by the Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him).
Accordingly, the answer, my brother, is that if the foundling dies, the one who picked him up inherits from him, provided 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 picked him up. This is the stronger opinion. However, if the one who picked him up dies, the foundling does not inherit from him, because the foundling has no favor upon the one who picked him up, so he has no inheritance from him. Yes, do you allow him to ask the second question? Good.
The Shaykh : And peace be upon you, and the mercy of Allah and His blessings.
The questioner : May Allah guide you and me to what is in the interest of the Muslims.
The Shaykh : Ameen
The questioner : Allow me to ask you a few questions:
The first question: A man asked me a question and said to me, "While I was praying Fajr, and after I had finished my prayer, I was walking when I found a child thrown on the ground. I took him, and he was breastfed with my daughter. My daughter passed away to the mercy of Allah the Exalted, so he was breastfed in place of my daughter. After that, he grew up, I taught him, and he worked in one of the jobs or one of the factories. Is it permissible for him to inherit from me, or not?"
The Shaykh : I mean, does he inherit from him, or not?
The questioner : Yes, he inherits from him.
The Shaykh : Did you hear this statement? A foundling was found in the market, so a man picked him up and had him breastfed by his wife and raised him. Does he inherit from the man if the man dies, or does the man inherit from the foundling if the foundling dies?
Most scholars hold that there is no mutual inheritance between them, because the causes of inheritance are three: 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, which is under the government's authority.
Some scholars held that if the foundling has no sons or daughters, he is inherited by the one who picked him up, meaning the one who found him and raised him, because he is the most deserving of people regarding him, as he labored over him and raised him until he was like his own children. This is the correct opinion, which was chosen by the Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him).
Accordingly, the answer, my brother, is that if the foundling dies, the one who picked him up inherits from him, provided 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 picked him up. This is the stronger opinion. However, if the one who picked him up dies, the foundling does not inherit from him, because the foundling has no favor upon the one who picked him up, so he has no inheritance from him. Yes, do you allow him to ask the second question? Good.