Does an unborn child inherit?

A child conceived before the death inherits, provided it is born alive; a child born dead takes nothing. Ibn Qudama records it as beyond dispute that the heirs cannot be handed the whole estate while a pregnancy is outstanding. The schools then divide sharply over how much must be held back: the Hanafi fatwa position reserves one child’s share and takes a surety from the heirs, the Hanbalis reserve two, the Maliki mashhur suspends the entire division until the birth, and the sound Shafi’i view refuses to fix any number at all — so those who would share with the child receive nothing until it is born.

All four Sunni schools researched and sourced. Reviewed 2026-09-01. Full positions, evidence and sources — A child in the womb when the deceased died.