سنن ابي داود
Abu Dawud
كتاب تفريع أبواب الطلاقDivorce (Kitab Al-Talaq)
باب فِي ادِّعَاءِ وَلَدِ الزِّنَاChapter: Claiming An Illegitimate Son.
Hadith 2265
اُردوEn
حَدَّثَنَا شَيْبَانُ بْنُ فَرُّوخَ ، حَدَّثَنَا مُحَمَّدُ بْنُ رَاشِدٍ . ح وحَدَّثَنَا الْحَسَنُ بْنُ عَلِيٍّ ، حَدَّثَنَا يَزِيدُ بْنُ هَارُونَ ، أَخْبَرَنَا مُحَمَّدُ بْنُ رَاشِدٍ وَهُوَ أَشْبَعُ ،عَنْ سُلَيْمَانَ بْنِ مُوسَى ، عَنْ عَمْرِو بْنِ شُعَيْبٍ ، عَنْ أَبِيهِ ، عَنْ جَدِّهِ ، قَالَ : " إِنَّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَضَى أَنَّ كُلَّ مُسْتَلْحَقٍ اسْتُلْحِقَ بَعْدَ أَبِيهِ الَّذِي يُدْعَى لَهُ ادَّعَاهُ وَرَثَتُهُ ، فَقَضَى أَنَّ كُلَّ مَنْ كَانَ مِنْ أَمَةٍ يَمْلِكُهَا يَوْمَ أَصَابَهَا فَقَدْ لَحِقَ بِمَنِ اسْتَلْحَقَهُ وَلَيْسَ لَهُ مِمَّا قُسِمَ قَبْلَهُ مِنَ الْمِيرَاثِ شَيْءٌ ، وَمَا أَدْرَكَ مِنْ مِيرَاثٍ لَمْ يُقْسَمْ فَلَهُ نَصِيبُهُ ، وَلَا يَلْحَقُ إِذَا كَانَ أَبُوهُ الَّذِي يُدْعَى لَهُ أَنْكَرَهُ ، وَإِنْ كَانَ مِنْ أَمَةٍ لَمْ يَمْلِكْهَا أَوْ مِنْ حُرَّةٍ عَاهَرَ بِهَا فَإِنَّهُ لَا يَلْحَقُ بِهِ وَلَا يَرِثُ ، وَإِنْ كَانَ الَّذِي يُدْعَى لَهُ هُوَ ادَّعَاهُ فَهُوَ وَلَدُ زِنْيَةٍ مِنْ حُرَّةٍ كَانَ أَوْ أَمَةٍ " .
Amr bin Shuaib on his father's authority said that his grandfather reported: The Prophet ﷺ decided regarding one who was treated as a member of a family after the death of his father, to whom he was attributed when the heirs said he was one of them, that if he was the child of a slave-woman whom the father owned when he had intercourse with her, he was included among those who sought his inclusion, but received none of the inheritance which was previously divided; he, however, received his portion of the inheritance which had not already been divided; but if the father to whom he was attributed had disowned him, he was not joined to the heirs. If he was a child of a slave-woman whom the father did not possess or of a free woman with whom he had illicit intercourse, he was not joined to the heirs and did not inherit even if the one to whom he was attributed is the one who claimed paternity, since he was a child of fornication whether his mother was free or a slave.
Related hadith on this topic
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
➊
In the era of ignorance (Jahiliyyah), fornication (zina) was widespread.
Committing fornication with slave women was not considered a fault.
Although fornication with free women was regarded as disgraceful, such relationships were also common.
➋
Just as a master would have children from his slave woman, after the master's death, one of his close relatives (such as a brother)
would have children from her; similarly, even a stranger would establish illicit relations with her, and then claim regarding her child that this is my offspring.
In the early period of Islam, such disputes arose among those who embraced Islam, for example:
A person established illicit relations before accepting Islam, and as a result, a child was born.
After embracing Islam, the issue of inheritance arose.
➌
In such incidents, there would be two claimants to the child born.
One was the legal husband of the woman or the actual owner of the slave woman, and the other was the man who had committed fornication with the free woman or slave woman.
Both would claim to be the father of the child.
Or the sons of both would claim to be the brothers of the child.
In the era of ignorance, such matters were decided through physiognomy (qiyafah) and similar means.
➍
The Prophet (sallallahu alayhi wa sallam) stated this law:
(a)
If the child is born from a lawful relationship, that is, the child of the slave woman is from her master, or the child of the free woman is from her husband, then he is the heir of his father because his lineage is legally valid.
(b)
If the person to whom the child is attributed (the husband of the woman or the owner of the slave woman)
has, during his lifetime, declared that this child is not his, then he will not be considered his son, and he will not receive a share in the inheritance.
(c)
If the child is born from an illicit relationship, that is, the deceased had committed fornication with a free woman or a slave woman, now even if this person, during his lifetime, has acknowledged that this boy was born from him and is therefore his son, even then he will not be accepted as his son, nor will he receive a share in the inheritance.
➊
In the era of ignorance (Jahiliyyah), fornication (zina) was widespread.
Committing fornication with slave women was not considered a fault.
Although fornication with free women was regarded as disgraceful, such relationships were also common.
➋
Just as a master would have children from his slave woman, after the master's death, one of his close relatives (such as a brother)
would have children from her; similarly, even a stranger would establish illicit relations with her, and then claim regarding her child that this is my offspring.
In the early period of Islam, such disputes arose among those who embraced Islam, for example:
A person established illicit relations before accepting Islam, and as a result, a child was born.
After embracing Islam, the issue of inheritance arose.
➌
In such incidents, there would be two claimants to the child born.
One was the legal husband of the woman or the actual owner of the slave woman, and the other was the man who had committed fornication with the free woman or slave woman.
Both would claim to be the father of the child.
Or the sons of both would claim to be the brothers of the child.
In the era of ignorance, such matters were decided through physiognomy (qiyafah) and similar means.
➍
The Prophet (sallallahu alayhi wa sallam) stated this law:
(a)
If the child is born from a lawful relationship, that is, the child of the slave woman is from her master, or the child of the free woman is from her husband, then he is the heir of his father because his lineage is legally valid.
(b)
If the person to whom the child is attributed (the husband of the woman or the owner of the slave woman)
has, during his lifetime, declared that this child is not his, then he will not be considered his son, and he will not receive a share in the inheritance.
(c)
If the child is born from an illicit relationship, that is, the deceased had committed fornication with a free woman or a slave woman, now even if this person, during his lifetime, has acknowledged that this boy was born from him and is therefore his son, even then he will not be accepted as his son, nor will he receive a share in the inheritance.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2746
