their lineage to him through his sons, not through his daughters. Among their arguments for this is the consensus that daughters’ children have no right to inherit, despite the Most High’s words: “Allah instructs you concerning your children” [al-Nisā’: 11].

A group of scholars, however, held that daughters’ children are included among one’s children and descendants, and that they are included in endowments when the founder says, “I have endowed it for my children,” or “for my descendants.” Some later scholars who differed with Mālik’s position adopted this view, including Abū ‘Umar ibn ‘Abd al-Barr and others. They cited Allah’s words: “Forbidden to you in marriage are your mothers and your daughters” [al-Nisā’: 23]. They argued that, since Allah prohibited daughters in marriage, and a daughter’s daughter is unanimously understood to be prohibited thereby, she is known to be a daughter and must therefore be included in her father’s endowment if he endows it for his children or descendants. They also cited the Prophet’s words—peace be upon him—concerning al-Hasan: “This son of mine is a leader.” He thus called him a son.

This argument is unsound. Although a daughter’s child is called a child linguistically because the relationship of birth exists—just as a son’s child is called a child because that relationship exists—he is not a child in the legal sense. Likewise, a child born of unlawful intercourse is not a child in the legal sense, although he is called a child linguistically because the relationship of birth exists. This is because, in Islamic law, the designation “child” has come to denote those entitled to inheritance and recognition of lineage, to the exclusion of those who are not. Similarly, ablution, prayer, fasting, and pilgrimage have specific legal meanings within the broader scope of their linguistic meanings.

Do you not see that, linguistically, ablution denotes any washing, whereas in Islamic law it has come to denote a particular kind of washing: that which Allah has required when one rises to pray, in His words: “O you who believe, when you rise to pray” [al-Mā’idah: 6]