What sign of life establishes the inheritance of a newborn (miscarriage/stillbirth distinction)?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
There is consensus that if the newborn cries out upon delivery (*istihlal صارخا*), it inherits. This is supported by the Hadith narrated by Abu Dawud from Abu Hurayrah, stating, 'When the newborn cries out, it inherits,' and a similar narration by Ibn Majah from Jabir. A distinct group held that inheritance is not established unless it cries out, and nothing else suffices.
Supporting text
The majority opinion, attributed as the famous position of Ahmad, is that inheritance is not established without the explicit cry (*istihlal*). This is based on the apparent meaning of the Hadith, suggesting that if it does not cry out, it does not inherit. This view is also held by Ibn Abbas, Al-Hasan ibn Ali, Abu Hurayrah, Malik, Ishaq, and others. Conversely, another narration from Ahmad holds that inheritance is established if life is known through any sound, movement, suckling, or otherwise, equating it to the status of one who cries out, as it is alive. This is the view of Al-Thawri, Al-Awza'i, Al-Shafi'i, Abu Hanifa and his companions, and Dawud.