Muwatta Imam Malik (Riwayat Yahya)

It is narrated from Sayyida Aisha (may Allah be pleased with her) that Utbah bin Abi Waqqas, at the time of his death, said to his brother Sa’d bin Abi Waqqas that the son of Zam’ah’s slave woman is from my semen, so keep him with you. When Makkah was conquered, Sa’d took the boy and said: He is my brother’s son; he had made a bequest to take him. ‘Abd bin Zam’ah said: This boy is my brother; he is the son of my father’s slave woman. Both of them disputed before the Messenger of Allah (peace and blessings be upon him). Sa’d said: O Messenger of Allah (peace and blessings be upon him)! This is my brother’s son; he made a bequest to me. Regarding this, ‘Abd bin Zam’ah said: He is my brother and was born from my father’s slave woman. The Messenger of Allah (peace and blessings be upon him) said to ‘Abd bin Zam’ah: “This boy is yours.” Then he said: “The boy belongs to the husband or owner of the mother, and for the adulterer there are stones.” Then he said to Sayyida Sawdah bint Zam’ah (may Allah be pleased with her): “Observe veil from this boy.” Because the boy resembled Utbah bin Abi Waqqas, so the boy did not see Sawdah until her death.

It is narrated from Abdullah bin Abi Umayyah that a woman's husband died, so she observed the waiting period ('iddah) for four months and ten days, then married another man. She had been with him for four and a half months when she gave birth to a fully developed boy. Her husband came to Sayyiduna Umar, may Allah be pleased with him, and described the situation. Sayyiduna Umar, may Allah be pleased with him, summoned some old women who had lived during the time of ignorance and asked them about it. One of the women said: I will tell you about this woman. She became pregnant from her first husband who died, and the menstrual blood dried up the child in her womb. When she married again, the semen of the new husband reached her, which caused the child to move and grow. Sayyiduna Umar, may Allah be pleased with him, confirmed this and annulled the marriage, saying: It is good that nothing bad has reached me about you. The lineage of the boy was established from the first husband.

It is narrated from Sulayman bin Yasar that Sayyiduna Umar (may Allah be pleased with him) used to attribute the children of the Jahiliyyah (pre-Islamic period) to the one who claimed them in the time of Islam (i.e., he would establish lineage accordingly). Once, two men came claiming a boy. Sayyiduna Umar (may Allah be pleased with him) called a qā’if (an expert in physiognomy). The qā’if looked and said: Both of them share in this boy. Sayyiduna Umar (may Allah be pleased with him) struck the qā’if with a whip, then called the woman (i.e., the boy’s mother) and said: Tell me your situation. She pointed to a man and said: He used to come to me while I was among my people’s camels, and he would not leave me but rather cling to me (i.e., he used to have intercourse with me), until both he and I thought I might become pregnant. Then he would leave and I would menstruate. Then another man would come, and he too would have intercourse with me. I do not know which of the two this child’s semen is from. The qā’if, upon hearing this, became overjoyed (because his statement turned out to be true). Sayyiduna Umar (may Allah be pleased with him) said to the boy: You have the choice; you may affiliate yourself with whichever of them you wish.

It reached Imam Malik, may Allah have mercy on him, that Sayyiduna Umar, may Allah be pleased with him, or Sayyiduna Uthman, may Allah be pleased with him, when a woman deceitfully declared herself free and married a man and had children, decided that (the woman would remain a slave to her master, and her children would also be his property), and the husband could ransom his children by giving a slave or slave-girl like them.

Imam Malik, may Allah have mercy on him, said that giving the price is much better.