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Sahih al-Bukhari 2218 (Book 34, Hadith 165) #2128
Dispute Over Ownership of Child

SUMMARY: This hadith is about a dispute between two men over the ownership of a boy, and how the Prophet (ﷺ) ruled that the child should go to the owner of the bed and not to the adulterer.

Narrated 'Aisha: Sa'd bin Abi Waqqas and 'Abu bin Zam'a quarreled over a boy. Sa'd said, "O Allah's Messenger ! This boy is the son of my brother ('Utba bin Abi Waqqas) who took a promise from me that I would take him as he was his (illegal) son. Look at him and see whom he resembles"'.Abu bin Zam'a said, "O Allah's Messenger ! This is my brother and was born on my father's bed from his slave-girl". Allah's Apostle cast a look at the boy and found definite resemblance to 'Utba and then said, "The boy is for you, O 'Abu bin Zam'a. The child goes to the owner of the bed and the adulterer gets nothing but the stones (despair, ie to be stoned to death). Then the Prophet said, "O Sauda bint Zama! Screen yourself from this boy". So, Sauda never saw him again.
حَدَّثَنَا قُتَيْبَةُ، حَدَّثَنَا اللَّيْثُ، عَنِ ابْنِ شِهَابٍ، عَنْ عُرْوَةَ، عَنْ عَائِشَةَ ـ رضى الله عنها ـ أَنَّهَا قَالَتِ اخْتَصَمَ سَعْدُ بْنُ أَبِي وَقَّاصٍ وَعَبْدُ بْنُ زَمْعَةَ فِي غُلاَمٍ، فَقَالَ سَعْدٌ هَذَا يَا رَسُولَ اللَّهِ ابْنُ أَخِي عُتْبَةَ بْنِ أَبِي وَقَّاصٍ، عَهِدَ إِلَىَّ أَنَّهُ ابْنُهُ، انْظُرْ إِلَى شَبَهِهِ‏.‏ وَقَالَ عَبْدُ بْنُ زَمْعَةَ هَذَا أَخِي يَا رَسُولَ اللَّهِ وُلِدَ عَلَى فِرَاشِ أَبِي مِنْ وَلِيدَتِهِ‏.‏ فَنَظَرَ رَسُولُ اللَّهِ إِلَى شَبَهِهِ، فَرَأَى شَبَهًا بَيِّنًا بِعُتْبَةَ، فَقَالَ ‏ "‏ هُوَ لَكَ يَا عَبْدُ، الْوَلَدُ لِلْفِرَاشِ وَلِلْعَاهِرِ الْحَجَرُ وَاحْتَجِبِي مِنْهُ يَا سَوْدَةُ بِنْتَ زَمْعَةَ ‏"‏‏.‏ فَلَمْ تَرَهُ سَوْدَةُ قَطُّ‏.‏

TOPICS
dispute  *  ownership  *  child  *  ruling  *  qadar  *  muhallil

QUICK LESSONS:
Settle disputes fairly according to Islamic Law without any bias or prejudice towards either party involved.

EXPLANATIONS:
In this hadith, two men are in dispute over who owns a certain boy. Sa'd bin Abi Waqqas claims that he was promised by his brother Utba bin Abi Waqqas that he would take him as his son, while Abu bin Zam'a claims that he is his brother born from his father's slave-girl. The Prophet (ﷺ) then cast a look at the boy and found definite resemblance to Utba, ruling that "the boy is for you, O 'Abu bin Zam'a". He then added "The child goes to the owner of the bed and the adulterer gets nothing but stones", meaning those who commit adultery will be punished with stoning according to Islamic law. Lastly, he told Sauda bint Zama not to see him again. This hadith teaches us about justice in Islam; it shows us how disputes should be settled fairly according to Islamic law without any bias or prejudice towards either party involved. It also teaches us about accountability; it reminds us that those who commit adultery will face severe punishment for their actions according to Islamic law.

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