153 – “When the newborn emits its first cry, it inherits.”

Abū Dāwūd narrated it (2920) from Muḥammad ibn Isḥāq, from Yazīd ibn ʿAbd Allāh ibn Qusayṭ, from Abū Hurayrah, as a report ascribed to the Prophet (marfūʿ).

Al-Bayhaqī (6/257) transmitted it through the same route from Abū Dāwūd and noted that Ibn Khuzaymah also recorded it via this chain.

I say: its transmitters are trustworthy, except that Ibn Isḥāq is a mudallis, and he has narrated it with ʿanʿanah.

Yet it is supported by a corroborating narration (shāhid) from Jābir, likewise marfūʿ.

Ibn Mājah (2750) related that version through al-Rabīʿ ibn Badr, who said, “Abū al-Zubayr narrated it to us from him.”

I say: al-Rabīʿ ibn Badr is an abandoned narrator (matrūk), but he was followed in this report by al-Mughīrah ibn Muslim and Sufyān, both of whom transmitted it from Abū al-Zubayr.

Al-Ḥākim recorded it (4/348–349) and said: “Sound according to the criteria of the two Shaykhs,” and al-Dhahabī agreed with him.

I respond: rather, it meets only Muslim’s criteria, and, moreover, Abū al-Zubayr is a mudallis and has narrated it with ʿanʿanah.

There is a further supporting narration from Ibn ʿAbbās, also marfūʿ.

Ibn ʿAdī (fol. 193/1) brought it through the route of Sharīk, from Abū Isḥāq, from ʿAṭāʾ, from him.

I say: this chain is unobjectionable for corroboration, for Sharīk—namely, Ibn ʿAbd Allāh the judge—is trustworthy, although his memory was weak; the same applies to Abū Isḥāq al-Sabīʿī, who suffered confusion in his later years.

(Benefit) In the aforementioned ḥadīth of Jābir and al-Miswar, the child’s istihlāl is explained as: “that he scream, or sneeze, or weep.” As already established, this ḥadīth is authentic, so let no one be misled by al-Ṣanʿānī’s remark