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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 7222
اُردوEn
((وَعَنْهُ مِنْ طَرِيقٍ ثَانٍ) بِنَحْوِهِ) وَفِيهِ إِنَّ عَلِيًّا رَضِيَ اللَّهُ عَنْهُ قَالَ لَهُمْ بَعْدَ إِنْكَارِهِمْ إِنَّكُمْ شُرَكَاءُ مُتَشَاكِسُونَ وَقَالَ إِنِّي مُقْرِعٌ بَيْنَكُمْ فَأَيُّكُمْ قُرِعَ أَغْرَمْتُهُ ثُلُثَيِ الدِّيَّةِ وَأَلْزَمْتُهُ الْوَلَدَ فَذُكِرَ ذَلِكَ لِلنَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ فَقَالَ لَا أَعْلَمُ إِلَّا مَا قَالَ عَلِيٌّ
(Second chain) A similar narration is reported, except that in it: Sayyiduna Ali (may Allah be pleased with him), after their refusal, said to them: "You are such partners who quarrel among yourselves. Now I will cast lots among you; whoever's name is drawn, I will assign to him two out of three shares of the blood money, and he will also be required to take the child." When this decision was mentioned to the Noble Prophet (peace and blessings be upon him), he said: "The decision that Ali has made is the one that makes sense."
Brief Explanation
Benefits: … This incident took place during the era of ignorance (Jahiliyyah), because in Islam it is not possible for three men to have intercourse with one woman in a single period of purity (tuhr). Since actions from the period of ignorance cannot be punished, rather, the practices of that era were legally acknowledged in such a way that whatever happened, happened, but for the future it is prohibited. Therefore, a solution to this incident was also necessary, which was proposed by Sayyiduna Ali radi Allahu anhu with his God-given intelligence.
