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الفتح الربانی
Fath al-Rabbani
كتاب اللعانBook of Li‘an (Mutual Cursing)
بابُ أَنَّ الْوَلَد لِلْفِرَاشِ دُونَ الزَّانِي وَمَا جَاءَ فِي الْحَاقِ الْوَلَدِ وَدَعْوَى النَّسَبِChapter: The Child Is for the Bed, Not for the Adulterer, and What Has Been Reported Regarding Attributing the Child and Claiming Lineage
Hadith 7219
اُردوEn
عَنْ عَمْرِو بْنِ شُعَيْبٍ عَنْ أَبِيهِ عَنْ جَدِّهِ رَضِيَ اللَّهُ عَنْهُ أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ قَضَى أَنَّ كُلَّ مُسْتَلْحَقٍ يُسْتَلْحَقُ بَعْدَ أَبِيهِ الَّذِي يُدْعَى لَهُ ادَّعَاهُ وَرَثَتُهُ مِنْ بَعْدِهِ فَقَضَى إِنْ كَانَ مِنْ أَمَةٍ يَمْلِكُهَا يَوْمَ أَصَابَهَا فَقَدْ لَحِقَ بِمَنِ اسْتَلْحَقَهُ وَلَيْسَ لَهُ فِيمَا قُسِمَ قَبْلَهُ مِنَ الْمِيرَاثِ شَيْءٌ وَمَا أَدْرَكَ مِنْ مِيرَاثٍ لَمْ يُقْسَمْ فَلَهُ نَصِيبُهُ وَلَا يُلْحَقُ إِذَا كَانَ أَبُوهُ الَّذِي يُدْعَى لَهُ أَنْكَرَهُ وَإِنْ كَانَ مِنْ أَمَةٍ لَا يَمْلِكُهَا أَوْ مِنْ حُرَّةٍ عَاهَرَ بِهَا فَإِنَّهُ لَا يُلْحَقُ وَلَا يَرِثُ وَإِنْ كَانَ أَبُوهُ الَّذِي يُدْعَى لَهُ هُوَ الَّذِي ادَّعَاهُ وَهُوَ وَلَدُ زِنًا لِأَهْلِ أُمِّهِ مَنْ كَانُوا حُرَّةً أَوْ أَمَةً
It is narrated from Sayyiduna Abdullah bin Amr bin al-As (may Allah be pleased with them both) that the Noble Prophet (peace and blessings be upon him and his family) issued this ruling: that a boy or girl whose lineage has been attributed to his father, in whose name he is called and to whom he is connected, after the death of his father, and then if there are claimants to that boy or girl after the death of that father, and regarding the slave woman as well, the Prophet (peace and blessings be upon him and his family) gave the same ruling: that the one who was her owner on the day he had intercourse with her, the lineage of the child will be attributed to him, to the one who has demanded the attribution of lineage. However, if the inheritance of the father has already been distributed before the attribution of lineage, then the one to whom the lineage is attributed will not receive any share from it, and if he attains the inheritance that has not yet been distributed, then he will receive a share from it. And if the person to whom the boy or girl is attributed denies it, and if the child is from a slave woman whom he did not own, or from a free woman with whom he committed adultery, then in this case, the child will neither be attributed to his lineage nor will the boy or girl inherit from him. And if the father for whom the boy or girl is called claims him, whether from a slave woman or a free woman, then he is a child of adultery.
Brief Explanation
Benefits: … From this it is established that if a man has a wife with whom he has contracted marriage, or a slave woman (bondwoman) with whom he has had intercourse, and from her a girl or boy is born, and the child is born within the period in which childbirth is possible—which is a period of six months—then the woman gives birth to the child on the bed of that husband. Now, whether the child resembles that man or not, the child will be attributed to that man’s lineage, and this girl or boy will also be his heir. This will be the case during the lifetime of that man. If that man passes away and his heirs, even after his death, attribute the lineage of the child to him, then the lineage will be attributed to him. However, if the man to whom the child’s lineage is being attributed denies the lineage of the child, then neither will the child be counted as his lineage, nor will the child be his heir. The same situation will apply if a child is born from a slave woman who is not owned by that man, or from a free woman with whom he has committed fornication (zina); in such a case, neither will the lineage be established, nor will the child be his heir. Even if the man claims the child, he will be considered a fornicator (zani), and the child will be considered a child of fornication (walad al-zina).
