سنن نسائي

Nasai

 كتاب الطلاق

The Book of Divorce

 بَابُ : الْقُرْعَةِ فِي الْوَلَدِ إِذَا تَنَازَعُوا فِيهِ وَذِكْرِ الاِخْتِلاَفِ عَلَى الشَّعْبِيِّ فِيهِ فِي حَدِيثِ زَيْدِ بْنِ أَرْقَمَ

Chapter: Drawing Lots For A Child If Several Men Dispute Over Him

Hadith 3520

اُردوEn
أَخْبَرَنَا عَمْرُو بْنُ عَلِيٍّ ، قَالَ : حَدَّثَنَا يَحْيَى ، عَنْ الْأَجْلَحِ ، عَنْ الشَّعْبِيِّ ، عَنْ عَبْدِ اللَّهِ بْنِ أَبِي الْخَلِيلِ ، عَنْ زَيْدِ بْنِ أَرْقَمَ ، قَالَ : " كُنْتُ عِنْدَ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، وَعَلِيٌّ رَضِيَ اللَّهُ عَنْهُ يَوْمَئِذٍ بِالْيَمَنِ ، فَأَتَاهُ رَجُلٌ ، فَقَالَ : شَهِدْتُ عَلِيًّا أُتِيَ فِي ثَلَاثَةِ نَفَرٍ ادَّعَوْا وَلَدَ امْرَأَةٍ ، فَقَالَ عَلِيٌّ لِأَحَدِهِمْ : تَدَعُهُ لِهَذَا ؟ فَأَبَى ، وَقَالَ لِهَذَا : تَدَعُهُ لِهَذَا ؟ فَأَبَى ، وَقَالَ لِهَذَا : تَدَعُهُ لِهَذَا ؟ فَأَبَى ، قَالَ عَلِيٌّ رَضِيَ اللَّهُ عَنْهُ : أَنْتُمْ شُرَكَاءُ مُتَشَاكِسُونَ ، وَسَأَقْرَعُ بَيْنَكُمْ ، فَأَيُّكُمْ أَصَابَتْهُ الْقُرْعَةُ فَهُوَ لَهُ ، وَعَلَيْهِ ثُلُثَا الدِّيَةِ ، فَضَحِكَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ حَتَّى بَدَتْ نَوَاجِذُهُ " ‏.‏
´It was narrated that Zaid bin Arqam said:` "I was with the Messenger of Allah, and 'Ali, may Allah be pleased with him, was in Yemen at that time. A man came to him and said: 'I saw 'Ali when three men were brought to him who all claimed (to be the father) of a child. 'Ali said to one of them: Will you give the child up to him? And he refused. He said to (the next one): Will you give the child up to him? And he refused. He said to (the next one): Will you give the child up to him? And he refused. 'Ali said: You are disputing partners. I will cast lots among you, and whoever wins the draw, the child is for him, and he has to pay two-thirds of the Diyah.' The Messenger of Allah laughed so much that his back teeth became visible."
Hadith Reference سنن نسائي / كتاب الطلاق / 3520
Hadith Grading الألبانی: صحيح  |  زبیر علی زئی: حسن
Hadith Takhrij «انظر ما قبلہ (صحیح)»
Related hadith on this topic
Abu Dawud: 2269 Musnad Humaydi: 803
Explanation & Benefits
Abu Dawud — Hadith 2269
Narrated Zayd ibn Arqam: I was sitting with the Prophet ﷺ. A man came from the Yemen, and said: Three men from the people of the Yemen came to Ali, quarrelling about a child, asking him to give a decision. They had had sexual intercourse with a woman during a single state of purity. He said to two of them: Give this child to this man (the third person) with pleasure. But they (refused and) cried loudly. Again he said to two of them: Give the child to the man (the third person) willingly. But they (refused and) cried loudly. He then said: You are quarrelsome partners. I shall cast lots among you; he who receives the lot, will acquire the child, and he shall pay two-thirds of the blood-money to both his companions. He then cast lots among them, and gave the child to the one who received the lot. The Messenger of Allah ﷺ laughed so much that his canine or molar teeth appeared.
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Writing letters in a certain form and then deducing from them whether a desired matter will occur or not is called "qur‘ah" (drawing lots).
(Abjad al-‘Uloom)
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2269
Musnad Humaydi — Hadith 803
Sayyiduna Zayd bin Arqam (may Allah be pleased with him) narrates: In Yemen, three men were brought before Sayyiduna Ali (may Allah be pleased with him), who had intercourse with their slave woman during the same period of purity, and that slave woman gave birth to a child. Sayyiduna Ali (may Allah be pleased with him) said to two of them: "Would you both like to relinquish your claim in favor of your third companion?" Both of them replied: "No." Then Sayyiduna Ali (may Allah be pleased with him) asked the remaining two: "Would you both like to relinquish your claim in favor of your companion?" They also replied: "No." So Sayyiduna Ali (may Allah be pleased with him) said: "You are partners who differ among yourselves. I will draw lots among you. Whose name is drawn, I will attribute the child to him, and he will have to pay his two companions two-thirds of the value of the slave woman as compensation." Sayyiduna Zayd bin Arqam (may Allah be pleased with him) narrates: When we presented ourselves before the Noble Prophet (peace and blessings be upon him) and mentioned this matter to him, he (peace and blessings be upon him) said: "My opinion in this matter is the same as what Ali has stated."
Shaykh Muhammad Ibrahim bin Basheer
Benefit:
From this it is established that when a dispute arises, drawing lots (qur‘ah) is permissible. Furthermore, the virtue of Sayyiduna Ali radi Allahu anhu is also established.
Source: Musnad al-Humaydi: Commentary by Muhammad Ibrahim bin Bashir, Page: 804
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