How is the estate of a foundling distributed if heirs or specific claimants are later identified?

General Chapter

Al-Mughni

Book of Foundlings

Book 30 · Issue 4 · Bab 1

Open in Qurani

Primary text

The foundling's inheritance is treated like that of someone whose lineage is known but whose relatives have all passed away. If no heir exists, the property is handed over to the public treasury (Bayt al-Mal). If the foundling has a wife, she inherits one-quarter, and the remainder goes to the treasury. If the foundling was married to a woman, her husband inherits half, and the rest goes to the treasury. If the foundling has a daughter or a relative by affinity (Dhu Rahm), such as a daughter's daughter, that person takes the entire estate because the return to kin (*al-radd*) and the relative by affinity take precedence over the treasury.