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(Book 36, Hadith 20) #36491
Resolving Disputes with Justice

SUMMARY: This hadith is about a dispute between two brothers over the ownership of a child, and how the Prophet Muhammad (PBUH) resolved it.

Yahya said from Malik from Ibn Shihab from Urwa ibn az-Zubayr that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, ''Utba ibn Abi Waqqas disclosed to his brother, Sad ibn Abi Waqqas, that he was the father of the son of the slave-girl of Zama, and made him promise to look after him (after his death). In the year of the conquest, Sad took him and said, 'He is the son of my brother. He covenanted with me about him'. Abd ibn Zama stood up and said, 'He is my brother and the son of my father's slave-girl. He was born on his bed'. They went to the Messenger of Allah, may Allah bless him and grant him peace. Sad said, 'Messenger of Allah! He is the son of my brother, he made a covenant with me about him'. Abd ibn Zama said, 'He is my brother and the son of my father's slave-girl and was born on my father's bed'. The Messenger of Allah, may Allah bless him and grant him peace, said, 'He is yours, Abd ibn Zama'. Then the Messenger of Allah, may Allah bless him and grant him peace, said, 'A child belongs to the household (where he was born) and the adulterer is stoned'. Then he told Sawdah bint Zama, 'Veil yourself from him,' since he saw in him a resemblance to Utba ibn Abi Waqqas". A'isha added, "He did not see her until he met Allah, the Mighty, the Majestic!"
قَالَ يَحْيَى عَنْ مَالِكٍ، عَنِ ابْنِ شِهَابٍ، عَنْ عُرْوَةَ بْنِ الزُّبَيْرِ، عَنْ عَائِشَةَ، زَوْجِ النَّبِيِّ ﷺ أَنَّهَا قَالَتْ كَانَ عُتْبَةُ بْنُ أَبِي وَقَّاصٍ عَهِدَ إِلَى أَخِيهِ سَعْدِ بْنِ أَبِي وَقَّاصٍ أَنَّ ابْنَ وَلِيدَةِ زَمْعَةَ مِنِّي فَاقْبِضْهُ إِلَيْكَ ‏.‏ قَالَتْ فَلَمَّا كَانَ عَامُ الْفَتْحِ أَخَذَهُ سَعْدٌ وَقَالَ ابْنُ أَخِي قَدْ كَانَ عَهِدَ إِلَىَّ فِيهِ ‏.‏ فَقَامَ إِلَيْهِ عَبْدُ بْنُ زَمْعَةَ فَقَالَ أَخِي وَابْنُ وَلِيدَةِ أَبِي وُلِدَ عَلَى فِرَاشِهِ ‏.‏ فَتَسَاوَقَا إِلَى رَسُولِ اللَّهِ ﷺ فَقَالَ سَعْدٌ يَا رَسُولَ اللَّهِ ابْنُ أَخِي قَدْ كَانَ عَهِدَ إِلَىَّ فِيهِ ‏.‏ وَقَالَ عَبْدُ بْنُ زَمْعَةَ أَخِي وَابْنُ وَلِيدَةِ أَبِي وُلِدَ عَلَى فِرَاشِهِ ‏.‏ فَقَالَ رَسُولُ اللَّهِ ﷺ ‏"‏ هُوَ لَكَ يَا عَبْدُ بْنَ زَمْعَةَ ‏"‏ ‏.‏ ثُمَّ قَالَ رَسُولُ اللَّهِ ﷺ ‏"‏ الْوَلَدُ لِلْفِرَاشِ وَلِلْعَاهِرِ الْحَجَرُ ‏"‏ ‏.‏ ثُمَّ قَالَ لِسَوْدَةَ بِنْتِ زَمْعَةَ ‏"‏ احْتَجِبِي مِنْهُ ‏"‏ ‏.‏ لِمَا رَأَى مِنْ شَبَهِهِ بِعُتْبَةَ بْنِ أَبِي وَقَّاصٍ قَالَتْ فَمَا رَآهَا حَتَّى لَقِيَ اللَّهَ عَزَّ وَجَلَّ
TOPICS
dispute  *  justice  *  ownership  *  child  *  fitnah  *  adl  *  mulk  *  tifl

QUICK LESSONS:
Uphold justice at all times regardless of personal relationships or feelings towards someone else; everyone should be treated fairly and equally before the law without any bias or prejudice based on family ties or other factors; follow Islamic laws even if we don't agree with them because ultimately Allah knows best what is right for us in our lives .

EXPLANATIONS:
This hadith is about a dispute between two brothers over who was the rightful owner of a child. Utba ibn Abi Waqqas had promised his brother Sad ibn Abi Waqqas to look after his son after his death. However, Abd ibn Zama also claimed that he was related to this child as he was born on his father's bed. The Prophet Muhammad PBUH then listened to both sides and ruled in favor of Abd ibn Zama as according to Islamic law, children belong to their household where they were born and adulterers are stoned. He also instructed Sawdah bint Zama to veil herself from him since he saw in him a resemblance to Utba ibn Abi Waqqas. This hadith teaches us that justice should be upheld at all times regardless of personal relationships or feelings towards someone else; everyone should be treated fairly and equally before the law without any bias or prejudice based on family ties or other factors. It also shows us how important it is for us as Muslims to follow Islamic laws even if we don't agree with them because ultimately Allah knows best what is right for us in our lives.

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