Fatwa #142213 May 2006United States of America
If death by drowning or by burning in fire causes shahadat, then why has Rasulullah (SAW) sought refuge from such a death in his duas?
Question
2)What are the rights of a child who is fed milk within the age of two years by a woman? Is he included in wirasat also? And will he have to obey the 'radhaii' parents like his own?
Answer
1. The Hadith does mention that Nabi [sallallaahu alayhi wasallam] sought protection from drowning or being burnt by fire. The Hadith also mentions that a person who dies in such a manner will be Shaheed. This means that just like a Shaheed (martyr) whose sins are forgiven, similarly, a person who dies like this will be forgiven. One reason why protection should be sought from them is that fire and drowning are very painful and traumatic experiences and it is because of such pain, the person is elevated to the position of a Shaheed.
2. That child who is fed milk by a woman within two years after birth does not have a share stipulated by Shari’ah. However, if a bequest is made for him in 1/3 of the estate, then the child will inherit. Note, in Shari’ah bequests can be made up to 1/3 of the estate. It is not permissible to bequeath more than that.
And Allah Ta’ala Knows Best
Mufti Ebrahim Desai