سنن ابي داود
Abu Dawud
كتاب النكاحMarriage (Kitab Al-Nikah)
باب فِي الرَّجُلِ يَتَزَوَّجُ الْمَرْأَةَ فَيَجِدُهَا حُبْلَىChapter: A Man That Marries A Woman And Finds Her Pregnant.
Hadith 2132
اُردوEn
حَدَّثَنَا مُحَمَّدُ بْنُ الْمُثَنَّى ، حَدَّثَنَا عُثْمَانُ بْنُ عُمَرَ ، حَدَّثَنَا عَلِيٌّ يَعْنِي ابْنَ الْمُبَارَكِ ، عَنْ يَحْيَى ، عَنْ يَزِيدَ بْنِ نُعَيْمٍ ، عَنْ سَعِيدِ بْنِ الْمُسَيِّبِ ، أَنَّ رَجُلًا يُقَالُ لَهُ : بَصْرَةُ بْنُ أَكْثَمَ نَكَحَ امْرَأَةً ، فَذَكَرَ مَعْنَاهُ ، زَادَ وَفَرَّقَ بَيْنَهُمَا ، وَحَدِيثُ ابْنِ جُرَيْجٍ أَتَمُّ .
Saeed bin al-Musayyab said: A man called Basrah bin Akhtam married a woman. The narrator then reported the rest of the tradition to the same effect. This version added: And he separated them. The tradition narrated by Ibn Juraij is perfect.
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Both of these narrations are mursal; they are not authentically marfu‘, however, the solution to the issues is approximately the same.
➊ In such a situation where a man finds his wife pregnant, separation will be enforced between them, and if the husband has had intercourse with her, then due to this he will have to give her the dower (mahr) or its equivalent.
➋ The prescribed punishment (hadd) will be obligatory upon this woman.
➌ No jurist has said that a child born of adultery (walad al-zina) is, in the well-known sense, a slave (‘abd), except if this is accepted as something pertaining to that era when slavery still existed. However, there is an emphasis on the good upbringing and education of such a child, and he will be grateful and of service to his guardian.
(And Allah knows best)
Both of these narrations are mursal; they are not authentically marfu‘, however, the solution to the issues is approximately the same.
➊ In such a situation where a man finds his wife pregnant, separation will be enforced between them, and if the husband has had intercourse with her, then due to this he will have to give her the dower (mahr) or its equivalent.
➋ The prescribed punishment (hadd) will be obligatory upon this woman.
➌ No jurist has said that a child born of adultery (walad al-zina) is, in the well-known sense, a slave (‘abd), except if this is accepted as something pertaining to that era when slavery still existed. However, there is an emphasis on the good upbringing and education of such a child, and he will be grateful and of service to his guardian.
(And Allah knows best)
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2132
