Azami 6060

Abu Dawud (2908) narrated it from Musa bin Amir, who said, Walid narrated to us, Isa Abu Muhammad informed me, from Ala bin Harith, from Amr bin Shuayb, and he mentioned it.Its chain is hasan because of Isa Abu Muhammad, who is Isa bin Musa Qurashi, Abu Muhammad. Uthman Darimi said, "Trustworthy." Duhaym and Ibn Hibban also graded him trustworthy. But Bayhaqi said, "There is something questionable about him."Haytham bin Muhammad corroborated him, narrating from Ala bin Harith with his chain, except that he did not go beyond Amr bin Shuayb, that the Prophet ﷺ ruled that the inheritance of the child of lian goes entirely to his mother, because of the hardship she endured over him. This is mursal.It is strengthened by the narration of Makhul, who said, "The Messenger of Allah ﷺ assigned the inheritance of the child of lian to his mother, and to her heirs after her." Abu Dawud (2907) also narrated it. Bayhaqi said about it, "The hadith of Makhul is disconnected."As for what is narrated from Wathila bin Asqa, from the Prophet ﷺ, who said, "A woman secures three inheritances, that of her freed slave, her foundling, and her child over whom lian took place," this is daif. Abu Dawud (2906), Tirmidhi (2116), and Ibn Majah (2742) all narrated it through the hadith of Muhammad bin Harb, who said, Umar bin Ruba Taghlibi narrated to me, from Abdul-Wahid bin Abdullah Nasri, from Wathila bin Asqa, and he mentioned it.Tirmidhi said, "This is a hasan gharib hadith, known only through this route, from the hadith of Muhammad bin Harb." Bayhaqi (2406) also narrated it through this route, and said, "This is not established. Bukhari said, Umar bin Ruba Taghlibi, from Abdul-Wahid Nasri, there is something questionable about him. Ibn Adi said, They objected to his narrations from Abdul-Wahid Nasri." Ibn Munzir said, "It is not established." Dhahabi said in Mizan, "He is not up to standard." Khattabi said, "This hadith is not established among the scholars of transmission."As for Hakim (4/340-341), he narrated it through the hadith of Sulayman bin Sulaym, from Umar bin Ruba, and said it has a sahih isnad. I say, Umar bin Ruba Taghlibi Himsi is disputed, and I have noted the statements of Bukhari and Ibn Adi about him. Abu Hatim said, "His hadith is acceptable." His son asked him, "Can proof be established by it?" He said, "No, but it is acceptable." Duhaym and Ibn Hibban graded him trustworthy. Hafiz placed him in the rank of "truthful."The conclusion regarding him is that he is truthful in himself, but weak in his narration from Abdul-Wahid bin Abdullah Nasri, as more than one scholar has said, and this weakness stems from his being alone in narrating it.Moreover, the hadith contains three rulings, one of which is objectionable, namely the inheritance of the foundling. The majority held that the one who found him does not inherit from him, because he is free, as has been authentically established from Umar bin Khattab and others, except for what has come from Ishaq bin Rahawayh, that his inheritance goes to the one who found him when his lineage is unknown.Likewise, the woman inherits from her child over whom lian took place, but the scholars differed about this. Zayd bin Thabit held that her inheritance from him is like her inheritance from a child over whom lian did not take place, and this is the view of Malik, Abu Hanifa, Shafii, and others. That is, she is among those with fixed shares, and she has a sixth.As for the inheritance of the freed slave, it is correct that his inheritance goes to the one who freed him if he has no heir. For more, see the statement of Khattabi in Maalim Sunan, and the statement of Ibn Qayyim in Tahzib Sunan.When a man invokes lian against his wife, denies her child, and the judge separates them, the child is disowned from him, and the paternal lineage tie is severed from the side of the one who invoked lian. So neither he nor any of his paternal relatives inherit from the child, rather his mother and his maternal siblings inherit. This is a matter on which there is no disagreement among the scholars.The disagreement is only about what remains of the wealth. The majority said it goes to the public treasury, and the mother's paternal relatives are not made his paternal relatives. Abu Hanifa said, blood relatives have more right than the public treasury, so what remains beyond the fixed share of his mother and siblings is returned to his mother and his siblings, unless the mother is a freed slave woman, in which case the remainder goes to her patrons. This is also the view of Ali bin Abu Talib, Abdullah bin Masud, and Ibn Umar among the companions. Their evidence is the hadith of Amr bin Shuayb, from his father, from his grandfather, which is what follows.