The Messenger of Allah ﷺ said, "An infant does not inherit until he cries out at birth, and his cry is that he shouts, weeps, or sneezes."
قال رسول الله ﷺ: لا يرث الصبي حتى يستهل صارخا، واستهلاله أن يصيح، أو يبكي، أو يعطس.
Tabarani reported it in Al-Kabir (2/20-21), and in Al-Awsat (4596) as found in Majma Bahrayn (4/134), from Abdan bin Ahmad, who narrated from Abbas bin Walid Khallal Dimashqi, who narrated from Marwan bin Muhammad Tatari, who narrated from Sulayman bin Bilal, from Yahya bin Saeed, from Saeed bin Musayab, from Miswar bin Makhrama and Jabir bin Abdullah, who related it. Its chain is hasan on account of Abbas bin Walid and his teacher Marwan bin Muhammad Tatari, both of whom make the hadith hasan.As for Haythami's statement in Al-Majma (4/225), "It contains Abbas bin Walid Khallal, whom Abu Mishar and Marwan bin Muhammad deemed trustworthy. Abu Dawud said, 'I will not narrate from him.' The rest of its narrators are the narrators of the Sahih," his attribution to Abu Dawud regarding Marwan bin Muhammad of the statement "I will not narrate from him" is questionable. This statement is not mentioned by Mizzi in Tahzib Kamal nor by Ibn Hajar in Tahdhib al-Tahdhib. Rather, what is found there is that Abu Hatim and Salih bin Muhammad said, "Trustworthy." Abu Zura Dimashqi said, "Ahmad said to me, 'You have three masters of hadith among you, Marwan bin Muhammad Tatari, Walid bin Muslim, and Abu Mishar.'" Duri reported from Ibn Main, "There is no harm in him, though he held Murjiite views." Daraqutni said, "Trustworthy."Given the endorsement of these authorities, it seems unlikely that Abu Dawud would have said of him, "I will not narrate from him." Perhaps the matter became confused for Haythami. And even if we suppose that Abu Dawud did say what was attributed to him, the statements of these authorities take precedence over his, so at the very least the hadith remains hasan.I then found this hadith in Sunan Ibn Majah (2751), in the edition of Muhammad Fuad Abdul-Baqi, from Abbas bin Walid Dimashqi, who said, Marwan bin Muhammad narrated to us, who said, Sulayman bin Bilal narrated to us, who said, Yahya bin Saeed narrated to us, from Saeed bin Musayab, from Jabir bin Abdullah and Miswar bin Makhrama, who related the hadith in the same way.I doubt, however, that Ibn Majah actually narrated this hadith, even though it is found in some manuscript copies, though I have not been able to properly assess that manuscript. The evidence for this is that Mizzi did not mention this hadith in Tuhfat Ashraf, nor did Ibn Hajar add it in Nukat Ziraf, nor did the hadith master Abu Zura Iraqi add it in Itraf bi-Awham Atraf. Busiri likewise did not mention it in Zawaid bin Majah, nor did Dr Muhammad Mustafa Azami in his edition of Sunan Ibn Majah. It seems unlikely that all these scholars would have missed this hadith from the copies they relied upon. Even more unlikely is that this hadith belongs to the additions of Abu Hasan bin Qattan, since he was born in the year 254 AH, while Abbas bin Walid Dimashqi, one of Ibn Majah's teachers, died in the year 248 AH, roughly six years before Ibn Qattan's birth.All these considerations call for caution regarding the attribution of this hadith to Ibn Majah, or to the additions of Abu Hasan Qattan. Dr Musfir has compiled the additions of Abu Hasan in a separate volume, and this hadith is not mentioned in it. Allah the Exalted knows best what is correct.Jabir has another hadith on this subject, but it is defective, and it is mentioned in the book on funerals.This hadith indicates that a newborn does not inherit unless it cries out at birth. This is the view held by Malik and Ahmad, and it was also held by Muhammad bin Sirin, Shaybi, Zuhri, Qatada, and others. Abu Hanifa and Shafii, however, held that if the child breathes and moves, it inherits even without crying out, since the presence of movement or breathing is itself a sign of life.