Héritage de l'Enfant de Parents qui se Condamnent Mutuellement (al-Mula‘anah (condamnation))

3. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Hammad from al-Halabiy who has narrated the following: “This is about the case of a man who decides to proceed with condemnation. He then calls himself as lying before the process of condemnation. Abu ‘Abd Allah (a.s.), has said, ‘His woman is returned to him, he is made to suffer the applicable penalty; but if he refuses and proceeds with condemnation process she will never become lawful for him. If a man accuses his woman, he must suffer the penalty. If his son dies, his maternal uncle inherits him. If his father claims him, he is joined with him. If he dies his son inherits him but his father cannot inherit him (the son).”’

a dit à propos des maudits : "Si une personne ment sur elle-même avant d'être maudite, sa femme lui sera rendue, il sera fouetté et s'il persiste, il sera maudit et il ne lui sera jamais permis. Si un homme diffame sa femme, il sera châtié, et si son enfant meurt, ses frères hériteront de lui. Si son père le réclame, il lui sera rendu, et s'il meurt, son fils héritera de lui et non son père."

4. Al-Husayn from Muhammad has narrated from Mu‘alla’ ibn Muhammad from certain persons of his people from Aban ibn ‘Uthman from ‘Abd al- Rahman ibn abu ‘Abd Allah who has narrated the following: “I once asked abu ‘Abd Allah (a.s.), about the case of a child of Mula‘anah and about who inherits such a child. He (the Imam) said, ‘The mother inherits the legacy of such child.’ I then asked, ‘Who inherits such child if the mother dies?’ He (the Imam) said, ‘The maternal uncle inherits the legacy of such child.’”

J'ai demandé à Abou Abdullah (sur lui soit la paix) au sujet de l'enfant de la malédiction, qui l'hérite? Il a répondu: Sa mère. J'ai alors demandé: Si sa mère décède, qui l'hérite? Il a dit: Ses frères.

5. A number of our people have narrated from Sahl ibn Ziyad from ‘Abd al-Rahman ibn abu Najran from Muthanna’ al-Hannat from Muhammad ibn Muslim who has narrated the following: “I once asked abu ‘Abd Allah (a.s.), about the case of a man who forms Mula ‘anah against his wife and rejects her child; then calls himself lying after forming Mula ‘anah and thinks that her child is his child if she is returned to him. He (the Imam) said, ‘No, and it is not honorable. She is not returned to him and it is not lawful for him until the Day of Judgment.’ I then asked about who inherits the child. He (the Imam) said, ‘The mother inherits the child.’ I then said, ‘Suppose if the mother dies and the child inherits her then the child dies. Who inherits him?’ He (the Imam) said, ‘His maternal uncles inherit him.’ I then asked, ‘If the father confirms him as his child will he then inherit him?’ He (the Imam) said, ‘Yes, he will inherit him but the father cannot inherit from the legacy of the child.’”

6. Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan from Ibn Abi ‘Umayr from Sayf ibn ’Am/rah from Mansur who has narrated the following: “Abu ‘Abd Allah (a.s.), has said that ’Amir al-Mu’minin would say if the child of Mula‘anah dies and has brothers the legacy is distributed among them according to the shares ordained by Allah, most Majestic, most Glorious.’”

Ali (sur lui la paix) a dit : "Lorsque meurt un fils de la malédiction (ibn al-mula'ana) qui a des frères, ses biens sont partagés entre les flèches d'Allah, le Puissant et Majestueux."

7. A number of our people have narrated from Sahl ibn Ziyad from ibn Mahbub from Ali ibn Ri’ab from al-Halabiy who has narrated the following: “I once asked abu ‘Abd Allah (a.s.), about the case of a man who forms Mula ‘anah against his wife when she is pregnant. When the child is born, he claims her child with confession and thinks that the child is his child. He (the Imam) said, ‘The child is returned to him but cannot inherit his legacy and he is not whipped because Mula ‘anah has already taken place.’”

Son enfant lui sera renvoyé, il n'héritera pas de lui, et il ne sera pas puni, car les malédictions passées sont révolues.

8. Humayd ibn Ziyad has narrated from al-ffassan ibn Muhammad from Ja‘far ibn Sama‘ah and Ali ibn Khalid al-‘A’quliy from Karram from ibn Muskan from abu Basir who has narrated the following: “About the case of a man who forms Mula ‘anah against his wife and denies her child, then calls himself a liar after forming Mula ‘anah and thinks that the child is his child; if the child can be returned to him, abu ‘Abd Allah (a.s.), has said, ‘The child is returned to him. The child is not called his child, he does not leave any legacy for him (father) and the woman is not lawful for him forever.’ I then asked him (the Imam) about who inherits the child. He (the Imam) said, ‘His maternal uncles inherit him.’ I then asked, ‘What happens if the child’s mother dies and the child inherits her, then the child dies: who then inherits him?’ He (the Imam) said, ‘The relatives of his mother inherit him.’ I then asked, ‘Can he inherit his maternal uncles? He (the Imam) said, ‘Yes, he can do so.’”

concernant un homme qui maudit sa femme, renie la paternité de son enfant, puis ment après la malédiction en prétendant que l'enfant est le sien. Est-ce que l'enfant lui est rendu ? Son enfant lui est rendu et il ne laisse pas à son enfant d'héritage. Quant à la femme, elle ne lui est jamais licite. J'ai demandé : Qui hérite de l'enfant ? Il a répondu : Ses frères. J'ai demandé : Que se passe-t-il si sa mère meurt et que le garçon hérite d'elle, puis que le garçon meurt ? Qui hérite de lui ? Il a dit : Les proches de sa mère. J'ai demandé : Alors, héritent-ils des frères ? Il a répondu : Oui.

9. It is narrated from the narrator of the previous Hadith and Wuhayb ibn Hafs from abu Basir who has narrated the following: “I once asked abu ‘Abd Allah (a.s.), about the case of a man who forms Mula ‘anah against his wife. He (the Imam) said, ‘The child is joined with his mother and his maternal uncle inherits his legacy but he cannot inherit them. I then asked, ‘What happens if he calls himself a liar?’ He (the Imam) said, ‘The child is joined with him.’”

J'ai demandé à propos d'un homme qui maudit sa femme. Il a répondu : l'enfant appartient à sa mère et hérite de ses frères, mais ils n'héritent pas de lui. Puis j'ai demandé à propos de l'homme qui ment à son propre sujet. Il a répondu : l'enfant lui appartient.

10. Abu Ali a l-Ash ‘ariy has narrated from al-Hassan ibn Ali al-Kufiy from ‘Ubays ibn Hisham from Thabit from abu Basir who has narrated the following: “I once asked abu ‘Abd Allah (a.s.), about the case of a man who forms Mula ‘anah against his wife, then they separate from each other. The husband thereafter says that the child is his child and he calls himself a liar. He (the Imam) said, ‘The woman cannot return to him but the child must be joined with him; he cannot skip the child. There is no inheritance for him and if his father does not claim him, then his maternal uncles inherit him but he does not inherit them (maternal uncles). If anyone calls him a son of fornication, such a person must be subjected to whipping as a penalty.’” [Note: The next several passages of the Arabic text are words of al-Fadl and are not translated.]