What is the ruling regarding the inheritance of the child born of Zina (fornication)?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
The ruling concerning the inheritance of the child born of Zina is the same as that for the child of *Mula'anah* (mutual imprecation), according to the differing opinions regarding the latter. The majority opinion dictates that there is no lineage established between the child of Zina and the fornicator (the biological father), meaning the child does not inherit from him, nor does the father from the child, because the lineage is severed from the father for both cases. The evidence for establishing lineage through the legitimate marital bond is the Hadith: "The child belongs to the marital bed, and the adulterer has nothing but the stone" (referring to disappointment/frustration). Furthermore, if the child is not acknowledged by the father, the child cannot be established as his heir, which is the same status if the mother was not in a legitimate marital bed, or if the prescribed legal punishment (*Hadd*) was not administered in the view of those who require it.
Supporting text
Al-Hasan ibn Salih opined that the residuary heirs (*Asabah*) of the child of Zina are all other Muslims because the mother is not considered a lawful spouse (*Farash*), distinguishing this case from the child of *Mula'anah*. However, Al-Hasan and Ibn Sirin held that the child inherits from the sodomist (*Wati'*) if the prescribed legal punishment (*Hadd*) is administered upon him. Ibrahim stated that he inherits if the father receives the legal flogging or if the father legally possessed the mother (*Mawtu'ah*). Ishaq, 'Urwah, and Sulayman ibn Yasar held similar views. Furthermore, a report from 'Ali ibn 'Asim related that Abu Hanifa stated there is no issue if a man marries a woman while she is pregnant from fornication, allowing him to conceal the matter, and the child would then be his heir.