Jami' al-Saghir / Jam' al-Jawami' (al-Suyuti) 16825a
✧ Kawn
"كُلُّ مُسْتَلْحَقٍ بَعْدَ أبِيهِ الَّذِي يُدْعَى لَهُ -ادَّعَاهُ وَرَثَتُهُ مِنْ بَعدِهِ- فَقَضَى أَنَّ مَنْ كَانَ مِنْ أمَةٍ يَمْلِكُهَا يَوْمَ أصَالهَا فَقَدْ لَحِقَ بِمَنْ استَلحَقَهُ، وَلَيسَ () فِيمَا قُسِمَ قَبْلَهُ مِنَ الْمِيرَاث شَيْءٌ، وَمَا أَدْرَكَ مِنْ مِيراثٍ لَمْ يُقْسَمْ فَلَهُ نَصيبُهُ وَلَا يُلحَقُ إِذَا كَانَ أبُوهُ الَّذِي يُدْعَى لَهُ أنكرَهُ، وَإنْ كَانَ مِنْ أمَة لا يَمْلكُهَا، أوْ مِن حُرَّةٍ عَاهِرَةٍ فَإنَّهُ لَا يُلحَقُ وَلا يُورَّثُ، وَإنْ كانَ الَّذِي يُدْعَى لَهُ هُوَ ادَّعَاهُ فَهُوَ وَلَدُ زِنًا لأهْلِ أمَه مَنْ كَانُوا حُرَّةً أَوْ أمَةً".
Translation
Machine translation, not reviewed
"Every child claimed after the death of his father, the one to whom he was attributed – his heirs claiming him after him – he ruled that whoever was born of a slave woman whom the father owned on the day he had intercourse with her has been attached to the one who claimed him, and he has no share in what was divided of the inheritance before him; but whatever inheritance he finds that has not yet been divided, he has his share of it. He is not attached if his father to whom he was attributed had denied him. And if he was born of a slave woman whom the father did not own, or of a free woman who committed fornication, then he is not attached and does not inherit, even if the one to whom he is attributed is the one who claimed him; he is a child of fornication belonging to the family of his mother, whoever they may be, whether she was free or a slave."
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Notes
[هـ] ابن ماجة [حم] أحمد عن عمرو بن شعيب عن أَبيه عن جده
machine translation[Ibn Mājah] Ibn Mājah, [Aḥmad] Aḥmad, from ʿAmr b. Shuʿayb, from his father, from his grandfather.
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