SECTION ON INHERITANCE · 15 – The status of a newly born child who emits a sound audible enough to be heard and then dies in relation to inheritance.
Abū Hurayrah, may Allah be pleased with him, narrated:
The Messenger of Allah, peace and blessings be upon him, said: “A child is inherited into (the inheritance) when he cries.”
COMMENTARY:
It is said, "He cried," meaning that if a person dies and his wife becomes pregnant, his inheritance is held back until the woman gives birth. If the woman gives birth and the child cries, sneezes, or coughs, even if he dies after an hour, he is entitled to a share of the inheritance. For crying, sneezing, and coughing are signs that he was born alive. His share is then distributed among the remaining heirs. Regarding his cry and sound, consideration is given to it in performing the funeral prayer. Refer to the chapter on funeral prayer.