What is the legal status regarding kinship inheritance ('Walaa') for an abandoned infant (Laqit)?

Chapter on Inheritance of Wala'

Al-Mughni

Book of Walā' (Patronage)

Book 33 · Issue 1 · Bab 2

Open in Qurani

Primary text

The abandoned infant ('Laqit') is legally considered free, and there is no claim of 'Walaa' (inheritance right based on manumission or affiliation) upon him. This is the opinion held by the majority of scholars and the jurists of the great cities (Fuqaha al-Amsar). The evidence for this position is the Prophetic tradition stating, "Walaa belongs only to the one who frees (a slave)," and by analogy, since the abandoned infant is neither a blood relative, a manumitted slave, nor connected by a marriage contract, he cannot inherit like a non-relative. Furthermore, the hadith cited by the opposition regarding a woman inheriting from three categories (including the Laqit) is subject to scholarly dispute.

Supporting text

It is narrated from Umar that the 'Walaa' of the abandoned infant belongs to the one who finds him. This view is also held by Al-Layth and Ishaq. Furthermore, it is stated by Ibrahim that if the finder intended for the infant to inherit from him, then the inheritance applies.