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Sahih al-Bukhari 6749 (Book 85, Hadith 26) #6492
Ownership of an Adulterous Child

SUMMARY: The Prophet ﷺ ruled that the son of a slave girl born out of adultery belongs to the owner of the bed, and not to the adulterer.

Narrated 'Aisha: 'Utba (bin Abi Waqqas) said to his brother Sa'd, "The son of the slave girl of Zam'a is my son, so be his custodian". So when it was the year of the Conquest of Mecca, Sa'd took that child and said, "He is my nephew, and my brother told me to be his custodian". On that, 'Abu bin Zam'a got up and said, 'but the child is my brother, and the son of my father's slave girl as he was born on his bed". So they both went to the Prophet. Sa'd said, "O Allah's Messenger ! (This is) the son of my brother and he told me to be his custodian". Then 'Abu bin Zam'a said, "(But he is) my brother and the son of the slave girl of my father, born on his bed". The Prophet said, "This child is for you. O 'Abu bin Zam'a, as the child is for the owner of the bed, and the adulterer receives the stones". He then ordered (his wife) Sauda bint Zam'a to cover herself before that boy as he noticed the boy's resemblance to 'Utba. Since then the boy had never seen Sauda till he died.
حَدَّثَنَا عَبْدُ اللَّهِ بْنُ يُوسُفَ، أَخْبَرَنَا مَالِكٌ، عَنِ ابْنِ شِهَابٍ، عَنْ عُرْوَةَ، عَنْ عَائِشَةَ ـ رضى الله عنها ـ قَالَتْ كَانَ عُتْبَةُ عَهِدَ إِلَى أَخِيهِ سَعْدٍ أَنَّ ابْنَ وَلِيدَةِ زَمْعَةَ مِنِّي، فَاقْبِضْهُ إِلَيْكَ‏.‏ فَلَمَّا كَانَ عَامَ الْفَتْحِ أَخَذَهُ سَعْدٌ فَقَالَ ابْنُ أَخِي عَهِدَ إِلَىَّ فِيهِ‏.‏ فَقَامَ عَبْدُ بْنُ زَمْعَةَ فَقَالَ أَخِي وَابْنُ وَلِيدَةِ أَبِي، وُلِدَ عَلَى فِرَاشِهِ‏.‏ فَتَسَاوَقَا إِلَى النَّبِيِّ فَقَالَ سَعْدٌ يَا رَسُولَ اللَّهِ ابْنُ أَخِي قَدْ كَانَ عَهِدَ إِلَىَّ فِيهِ‏.‏ فَقَالَ عَبْدُ بْنُ زَمْعَةَ أَخِي وَابْنُ وَلِيدَةِ أَبِي، وُلِدَ عَلَى فِرَاشِهِ‏.‏ فَقَالَ النَّبِيُّ ‏"‏ هُوَ لَكَ يَا عَبْدُ بْنَ زَمْعَةَ، الْوَلَدُ لِلْفِرَاشِ وَلِلْعَاهِرِ الْحَجَرُ ‏"‏‏.‏ ثُمَّ قَالَ لِسَوْدَةَ بِنْتِ زَمْعَةَ ‏"‏ احْتَجِبِي مِنْهُ ‏"‏‏.‏ لِمَا رَأَى مِنْ شَبَهِهِ بِعُتْبَةَ، فَمَا رَآهَا حَتَّى لَقِيَ اللَّهَ‏.‏

TOPICS
adultery  *  ownership  *  custodian  *  owner  *  zinaa  *  hadd  *  qawwam

QUICK LESSONS:
Respect others’ property rights ; Take responsibility for your actions ; Uphold justice even if it goes against your own interests ; Be honest & truthful even when faced with difficult situations etc..

EXPLANATIONS:
This hadith is about a dispute between two brothers, Utba bin Abi Waqqas and Sa'd bin Abi Waqqas. Utba asked his brother Sa'd to be custodian for his son, who was born from a slave girl belonging to Zam'a. When they went before Prophet Muhammad ﷺ for judgement, Abu bin Zam'a claimed that he was also related to this child as it was born on his bed. The Prophet ﷺ ruled that since adultery had taken place on Abu's bed, then this child belonged to him and not Utba or Sa'd. He also ordered Sauda bint Zam'a - who was involved in the adultery - to cover herself before this boy as he noticed resemblance between him and Utba. This ruling is based on Islamic law which states that if someone commits zinaa', then they will receive punishment by way of hadd while any children resulting from such an act will belong solely to the owner of the bed where it took place; in other words, they are not attributed in any way whatsoever with either one or both adulterers involved in such an act. Furthermore, Islam places great emphasis on taking care of orphans and protecting their rights; thus it is important for us all as Muslims to ensure we fulfill our duties towards them accordingly by being qawwam over them when needed so as not only protect their rights but also provide them with love and care just like any other family member would receive from us too!

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