Maulana Ataullah Sajid
Benefits and Issues:
➊
Our esteemed researcher has declared the mentioned narration weak in its chain of transmission, while other scholars have considered it authentic. Therefore, despite the chain of this narration being weak, it is still actionable and a valid proof.
For further details, see: (Sunan Ibn Majah, verified by Dr. Bashar Awwad, no. 2348n, and Sahih Sunan Abi Dawud (detailed) by Al-Albani, nos. 1963, 1964)
In the era of ignorance (Jahiliyyah), illicit relations with women were widespread, and some women even adopted prostitution as a profession.
When such women gave birth to a child, several claimants would appear for the child.
In the incident mentioned in the hadith, it is also possible that these individuals had relations with the child's mother before she accepted Islam, but the dispute arose after she became Muslim.
➋
If, among the claimants of a shared item, one of them withdraws from his claim or his share, the item will go to the other.
If, among three claimants, two withdraw in favor of the third, the item will be given to him.
➌
Although this child was free, in the present situation all three claimants were partners in him, so each claimant was considered the owner of a third of him.
Now, since it is not possible to divide a living being into parts, it was necessary that each one receive the value of his share.
This method can also be adopted regarding an animal or similar things: the person who receives the item should pay the others the value of their shares.
➍
A free human being is not saleable, so he has no price, but in cases such as accidental killing, his blood money (diyah) has been set at one hundred camels. Therefore, Ali radi Allahu anhu considered this amount as a substitute for his price.
➎
When an issue arises about which there is no explicit text from the Qur'an or Hadith, a decision can be made in the light of ijtihad (independent reasoning) and qiyas (analogy), but analogy is not permissible in the presence of a text.
➏
Although making a habit of laughing excessively is not commendable, if something pleasing or astonishing occurs, laughing is not contrary to the dignity of a scholar or a pious elder.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2348
Hafiz Muhammad Ameen
(1) The aforementioned narration has been declared weak in its chain by the esteemed researcher rahimahullah, whereas other scholars have deemed it authentic, and the preferred opinion is that of the latter. Allamah al-Albani rahimahullah has discussed this matter in detail and has reached the same conclusion; therefore, the aforementioned narration is authoritative and actionable. For details, see: (Sunan Abi Dawud (detailed) by al-Albani, no. 1964; Sunan Ibn Majah, verified by Dr. Bashar Awwad, no. 2348; and Dhakheerat al-‘Uqba, Sharh Sunan al-Nasa’i: 29/187).
(2) The original incident took place during the era of Jahiliyyah (pre-Islamic ignorance), because in Islam it is not possible for three men to have intercourse with one woman in a single period of purity (tuhr). Since punishments could not be imposed for actions committed during Jahiliyyah, and the transactions of that era were legally accepted as “what has happened, has happened,” it was necessary to find a solution for this incident for the future, which was suggested by Ali radi Allahu anhu with his God-given intelligence. Radi Allahu anhu wa ardaahu.
(3) “The lot was drawn”: If several people have an equal right to something, but it cannot be given to all, then a decision can be made by drawing lots. There is evidence for this in the ahadith, but the Hanafis do not accept drawing lots, even though drawing lots to satisfy multiple claimants is a natural practice found in every society, and decisions are made through it. Disputes are resolved. To deny such a thing on rational grounds is contrary to human nature. Not every decision is made solely on rational grounds; nature is fundamental.
(4) “Two-thirds of the blood money (diyah) was imposed”: Because they did not receive the child, they were given wealth instead. According to the Shari‘ah, the value of a child is considered to be the blood money (diyah), so in accordance with the diyah, they were given wealth.
(5) It is established that the child will be given to only one man. Two men cannot share one child; that is, the lineage (nasab) of the child will be established with one man only.
(6) “They began to laugh”: Either at the intelligence of Ali radi Allahu anhu or at the strangeness of this incident. And Allah knows best.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3518