152 – “A child does not inherit until he emits his first cry; that first cry (istihlāl) is that he scream, sneeze, or weep.”

Ibn Mājah recorded it (2751), as did al-Ṭabarānī in al-Awsat (1/153/2), through the chain: al-ʿAbbās ibn al-Walīd al-Khallāl al-Dimashqī → Marwān ibn Muḥammad al-Ṭāṭarī → Sulaymān ibn Bilāl → Yaḥyā ibn Saʿīd → Saʿīd ibn al-Musayyib → Jābir ibn ʿAbd Allāh and al-Miswar ibn Makhramah — as a report ascribed to the Prophet (marfūʿ).

Al-Ṭabarānī said: “No one narrated it from Yaḥyā except Sulaymān, and Marwān alone transmitted it from him.”

I say: he is trustworthy (thiqah), and so are all the other transmitters; accordingly, the ḥadīth is sound (ṣaḥīḥ).

As for al-Haythamī’s statement (4/225): “Al-Ṭabarānī related it in al-Awsat and al-Kabīr. In its chain are al-ʿAbbās ibn al-Walīd al-Khallāl — declared trustworthy by Abū Mushar — and Marwān ibn Muḥammad, about whom Abū Dāwūd said, ‘I will not relate from him,’ while the remaining narrators are those used by the Ṣaḥīḥ,” there is room for objection on two counts:

1. Marwān is not among the narrators found in the Ṣaḥīḥayn.
2. The remark attributed to Abū Dāwūd is not cited by Ibn Ḥajar in al-Tahdhīb; rather, he reports from al-Ājurrī that Abū Dāwūd said, “I wrote from him, and he was knowledgeable about the narrators and the reports.” For that reason Ibn Ḥajar says of him in Taqrīb al-Tahdhīb: “truthful (ṣadūq).” I do not know whether the error lies with al-Haythamī or whether Ibn Ḥajar simply omitted the statement.

Moreover, al-Haythamī’s inclusion of this ḥadīth in his compendium runs contrary to his stated criterion, since Ibn Mājah had already recorded it; perhaps he did not recall that when he cited it.

The ḥadīth is also supported by another chain with the wording: “When the newborn emits its first cry, it inherits.”