Abu Dawud

Benefits and Issues:
➊
It is forbidden (haram) to deny one’s child merely on the basis of color or appearance.
However, if there is some other clear evidence, then that is a different matter.
For example, if pregnancy and childbirth occur while the husband is absent, or if childbirth occurs in less than six months after marriage, etc.
It is mentioned regarding the person referred to in this hadith that his name was Dhamdham bin Qatadah.
(Kitab al-Ghawamid by Abdul Ghani bin Sa’id)
➋
Judges, muftis, and preachers should, as needed, clarify legal (shar’i) issues with practical examples from real-life incidents.

Hadith Commentary: The esteemed Imam has established from this that even a gesture (isharah) regarding the father will be considered valid.

Explanation:
The words of the hadith, "Perhaps this son of yours has inherited it," indicate that merely on the basis of a boy’s appearance or difference in complexion, it is not correct to say that this boy is not mine, unless there is strong evidence proving adultery (haram act).

For example, if one has seen with one’s own eyes that adultery was committed, or if a child is born in less than six months after the husband had intercourse, or if a child is born four years after the husband last had intercourse.

It is also derived from the hadith that making an accusation (qadhf) through gesture or allusion (kinayah) does not make one liable for the prescribed punishment (hadd), whereas according to the Malikis, even in this case, hadd would be obligatory.

Hadith Commentary:
(1)
The man who came to the Messenger of Allah (sallallahu alayhi wa sallam) did not categorically deny the newborn, but rather indicated a denial by saying that his own complexion is fair while the child born to him is dark-skinned. He asked what ruling the Prophet (sallallahu alayhi wa sallam) would give regarding this. The Messenger of Allah (sallallahu alayhi wa sallam) satisfied him by giving an example.

(2)
From this, it is understood that it is not correct to say, due to a difference in appearance or complexion, that "this is not my son," unless there is clear evidence of adultery. For example: if a child is born less than six months after marriage, then denial can be made.

(3)
Imam Bukhari rahimahullah wants to establish that the prescribed punishment for slander (hadd qadhf) cannot be applied based on hints or indirect statements, nor does it necessitate li'an (mutual cursing), whereas according to the Maliki scholars, hadd qadhf can be applied based on hints and indirect statements.
(Fath al-Bari: 9/549)

Hadith Commentary:
The sages have written that from the difference in complexion, it cannot be said that the child does not belong to that man. This is because sometimes both parents are fair-skinned, yet the child is born with a dark complexion, and the reason for this is that during pregnancy, the mother keeps seeing a dark-skinned man or a black object. Its color affects the color of the child. However, there is certainly a resemblance in the limbs to the parents, but even that is so mixed that one who does not have knowledge of physiognomy cannot understand it.

From this hadith, it is derived that in the case of insinuating accusation (ta'reez) of adultery, the prescribed punishment (hadd) is not applied. This is the opinion of Imam Shafi'i and Imam Bukhari rahimahullah; otherwise, the Prophet sallallahu alayhi wa sallam would have applied the hadd. What the man said about his wife is an example of such an insinuation. He did not clearly say that the child is illegitimate, but the intended meaning is the same—that the child is not from his own sperm, because he is fair-skinned and his child would also be fair-skinned like him.

The Prophet sallallahu alayhi wa sallam, in response, explained this wisdom, and the man was satisfied.

Hadith Commentary:
(1)
In this hadith, the allusion and indication are such that the birth of a dark-skinned child points to the fact that the mother has committed adultery with a man whose complexion was dark, because I am of fair complexion.
It is clear that allusive accusation (ta‘ridh) is not the same as explicit accusation (tasrih) in its ruling; therefore, such a person will not be considered a slanderer (qadhif), nor will his testimony be rejected, because the prescribed punishment for slander (hadd al-qadhf) becomes obligatory only with clear and explicit accusation. In the case of allusion or indication, one does not face the prescribed punishment for slander; however, such a person still deserves to be reprimanded and admonished.
The difference between allusion (ta‘ridh) and explicitness (tasrih) is that during the waiting period (‘iddah), it is permissible to allude to marriage with a woman, but explicit proposal should not be made, as the Noble Qur’an has clarified this matter.

(2)
It should be noted that this type of question can be asked in three ways:
• If a husband is of fair complexion and his wife gives birth to a dark-skinned child, what is the ruling?
• My wife has given birth to a dark-skinned child while I am of fair complexion; what is the ruling?
• My wife has committed adultery and has given birth to a dark-skinned child while I am of fair complexion; what is the ruling?
The first question is merely a question, the second is an allusion (ta‘ridh), and the third is an explicit accusation (tasrih) of slander (qadhf).
In any case, the prescribed punishment for slander (hadd al-qadhf) does not apply to such allusion.
This is also the view preferred by Imam al-Bukhari rahimahullah; otherwise, the Messenger of Allah sallallahu alayhi wa sallam would have applied the punishment for slander.
And Allah knows best.

Hadith Commentary:
In this hadith, the Messenger of Allah (sallallahu alayhi wa sallam) has drawn an analogy (qiyas) regarding children based on the variation of color. From this, the conditions for a valid analogy (qiyas sahih) are also understood, because the original case (asl)—that is, the variation in the color of camels—is clear and evident, which the Bedouin did not deny, and its effective cause (‘illah) is also apparent, which the Bedouin himself pointed out. The purpose of this was also to satisfy the Bedouin. Its branch (far‘) is the complexion of the children, and the ruling is the variation in that complexion. Besides this, multiple examples of the authority of analogy (hujjiyyat al-qiyas) can be presented from the Qur’an and Hadith. And Allah knows best.

Hadith Commentary:
Vocabulary of the Hadith:
(1)
Awrq, plural of Waraq:
Ashen-grey,
Earthy-colored.
(2)
‘Irq:
Root,
Origin,
Vein,
The intended meaning is lineage or family ancestry.

Benefits and Issues:
A member of the Banu Fazarah, Dhamdham bin Qatadah, expressed dislike and astonishment at his son's dark complexion, considering his own skin tone, and mentioned this to the Prophet (sallallahu alayhi wa sallam).
The Prophet (sallallahu alayhi wa sallam) presented an analogy and example to clarify the matter so that it would be understood; this is not a technical analogy (qiyas istilahi) that could be used as a legal proof.
Nevertheless, it is established from this that merely due to a difference in complexion, a child cannot be denied (as one’s own).
And in this way, expressing astonishment or dislike at a child’s complexion will not be considered slander or accusation.
Nor is there a prescribed punishment (hadd) for insinuation or indirect reference in the matter of slander (qadhf); only explicit statements are counted as slander, and this is the position of the majority (jumhur).

Hadith Commentary: Benefits and Issues: (Inni unkiru)
I deny this;
It is not correct to interpret it otherwise, because this is explicit slander (qadhf),
whereas you have not declared it to be slander (qadhf).
When Prophet Ibrahim (alayhis salam) saw the angels, he ﴿nakirahum﴾ found them to be strangers and unfamiliar, and when they came to Prophet Lut (alayhis salam), he said:
﴿Innakum qawmun munkarun﴾ "You are a people unknown and unfamiliar."

Explanation:
1:
That is, someone among his forefathers would have been of this complexion.

This man had a doubt regarding the child, fearing that he might be illegitimate. However, since he neither explicitly accused (his wife) nor denied the child, there was no need for li‘an (mutual cursing). He merely raised an objection that, in terms of color, the child is entirely different from him. The Messenger of Allah (sallallahu alayhi wa sallam) clarified the objection by giving a clear example: sometimes resemblance occurs with a distant ancestor, such as a grandfather, etc. It is possible that one of your forefathers was of dark complexion.

(1) A child can possess various types of resemblances—sometimes with a close relative, sometimes with a distant one, and sometimes with two individuals. Therefore, on the basis of complexion, appearance, or facial features, a child cannot be declared suspicious or denied unless there is certainty of adultery having occurred. If someone does deny the child, then he will have to perform li'an (mutual cursing) or else he will be deserving of the prescribed punishment (hadd).

(2) "On his bed"—that is, the child is born from his wife or his slave woman. The wife or slave woman is metaphorically referred to as "bed."

Benefits and Issues:
➊ The difference in complexion between father and son is not evidence that the son is not the legitimate child of his father.

➋ The meaning of “the vein has prevailed” is that the child has acquired resemblance to some elder from the paternal or maternal side, for example: grandmother, grandfather, maternal grandmother, maternal grandfather, or any of their elders, i.e., the effect of their blood is present.

➌ Expressing doubt about one’s wife through hints or indirect speech in this manner is not counted as an accusation against the wife that would necessitate li‘an (mutual cursing). Li‘an occurs when a man explicitly accuses his wife of adultery or asserts with certainty that the child is not his.

Takhrij:
«أخرجه البخاري، الطلاق، باب إذا عرّض بنفي الولد، حديث:5305، ومسلم، اللعان، حديث:1500.»©Explanation:
➊ The black color caused the Companion to fall into confusion and doubt, as neither he nor his wife was of dark complexion, so how could this child be born with such a color? When he expressed his suspicion and what was in his heart to the Messenger of Allah (sallallahu alayhi wa sallam), the Prophet did not scold him nor did he explicitly defend his wife in clear words. Rather, he addressed him according to the intellectual level of the Arabs and corrected his misunderstanding, explaining that the birth of a black child to white-skinned spouses does not indicate the mother’s immorality or misconduct. These are hereditary effects that sometimes become apparent after many generations. This does not, in reality, bring any defect or flaw upon the lineage of the child.

➋ From this, it is understood that an answer should be given to the questioner with wisdom and by taking into account his intellectual level. Instead of a philosophical answer, responding with common, everyday examples is more beneficial and effective for conveying the intended meaning.

➌ It is also understood from this that if one does not know the reality of a matter, asking a knowledgeable person about it protects a person from falling into a great trial.

Benefit:
In this hadith, it is mentioned that if ever one of the children has a complexion completely different from the other children, one should not be distressed, nor should one assume that this child is not from one’s own seed. Rather, sometimes that child resembles an ancestor from the family who has passed away before; this very thing has been referred to as “the vein.”