Question: There is a hadith in Tirmidhi and Ibn Majah that says when a child shows signs of life at birth, their funeral prayer is performed, and they are entitled to inheritance. Does this apply to a child who is over four months (120 days) in the womb? For example, if the child is 130, 140, or 150 days old and is stillborn, would they have a share in the inheritance?
Answer: For inheritance, the condition is that the child must be born alive. Only if the child is born alive will they be entitled to inheritance. If the child is stillborn, they are not entitled to any share in the inheritance, regardless of whether the child’s development in the womb was complete.
Respondent: Sheikh Maqbool Ahmed Salafi Hafizahullah
Jeddah Dawah Center, Saudi Arabia
Interpreter: Hasan Fuzail
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