Hadith 5404

أَخْبَرَنَا عِمْرَانُ بْنُ بَكَّارِ بْنِ رَاشِدٍ ، قَالَ : حَدَّثَنَا عَلِيُّ بْنُ عَيَّاشٍ ، قَالَ : حَدَّثَنَا شُعَيْبٌ ، قَالَ : حَدَّثَنِي أَبُو الزِّنَادِ , مِمَّا حَدَّثَهُ عَبْدُ الرَّحْمَنِ الْأَعْرَجُ , مِمَّا ذَكَرَ ، أَنَّهُ سَمِعَ أَبَا هُرَيْرَةَ يُحَدِّثُ بِهِ ، عَنْ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ : " بَيْنَمَا امْرَأَتَانِ مَعَهُمَا ابْنَاهُمَا جَاءَ الذِّئْبُ , فَذَهَبَ بِابْنِ إِحْدَاهُمَا , فَقَالَتْ هَذِهِ لِصَاحِبَتِهَا : إِنَّمَا ذَهَبَ بِابْنِكِ ، وَقَالَتِ الْأُخْرَى : إِنَّمَا ذَهَبَ بِابْنِكِ فَتَحَاكَمَتَا إِلَى دَاوُدَ عَلَيْهِ السَّلَام , فَقَضَى بِهِ لِلْكُبْرَى : فَخَرَجَتَا إِلَى سُلَيْمَانَ بْنِ دَاوُدَ فَأَخْبَرَتَاهُ , فَقَالَ : ائْتُونِي بِالسِّكِّينِ أَشُقُّهُ بَيْنَهُمَا ، فَقَالَتِ الصُّغْرَى : لَا تَفْعَلْ يَرْحَمُكَ اللَّهُ هُوَ ابْنُهَا ، فَقَضَى بِهِ لِلصُّغْرَى " . قَالَ أَبُو هُرَيْرَةَ : وَاللَّهِ مَا سَمِعْتُ بِالسِّكِّينِ قَطُّ إِلَّا يَوْمَئِذٍ مَا كُنَّا نَقُولُ إِلَّا الْمُدْيَةَ .
´Abu Hurairah narrated that:` The Messenger of Allah [SAW] said: "There were two woman who had two children, and the wolf came and took away the son of one of them. She said to her companion: 'It took away your son.' The other one said: 'No, it took away your son.' They referred the matter to Dawud, peace be upon him, for judgment (about the remaining child) and he ruled in favor of the older one. Then they went out to Sulaiman bin Dawud and told him (about that). He said: 'Give me a knife and I will cut him in half (to be shared) between you.' The younger one said: 'Do not do that, may Allah have mercy on you; he is her son.' So he ruled that (the child) belonged to the younger woman." Abu Hurairah said: "By Allah! I never heard 'Sikkin' used until that day. We would only say: 'Mudyah.'"
Hadith Reference سنن نسائي / كتاب آداب القضاة / 5404
Hadith Grading الألبانی: صحيح  |  زبیر علی زئی: صحيح بخاري
Hadith Takhrij «صحیح البخاری/الَٔنبیاء 40 (3427)، والفرائض 30 (6769)، (تحفة الُٔشراف: 13728) ، مسند احمد 2/32222، 340، وانظر حدیث رقم: 5405، 5406 (صحیح)»
Related hadith on this topic
Explanation & Benefits
Hafiz Muhammad Ameen
(1) "In favor of the elder woman" because the child was in her possession. There was no evidence with anyone. They made the judgment based on apparent possession. Prophet Sulayman (alayhis salam) acted with wisdom and reached the reality. The purpose of the chapter is also this: that a judge can, by his intelligence, reach the depth of the matter and make a decision according to the truth, even if there are no clear proofs or evidences. However, this is only when suspicion does not arise against the ruler or judge, and also when the second party remains silent and accepts it.

(2) "It belongs to her" because by cutting and dividing, it would not remain anyone's. In the case of giving it (the child), at least the child would be visible and the mother would continue to receive some comfort. From this, it is understood that the son was hers, for that is why she was more distressed.

(3) "Sikkeen" — In Arabic, a knife is called sikkeen, and also madiyah. In the region of Abu Hurayrah (radi Allahu anhu), it may have been called only madiyah.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 5404
Maulana Dawood Raz
Hadith Commentary:
In the tribe of Abu Hurairah radi Allahu anhu, the word "sikkeen" was not used for a knife.
The judgment of Prophet Sulayman alayhis salam was in accordance with the demands of human nature.
In reality, the child belonged to the younger woman, which is why her blood surged (i.e., she was emotionally moved).
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 6769
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
Prophet Sulayman (alayhis salam) did not hand over the child to the woman merely on the basis of her claim, but rather, after observing signs and indications, he gave the child to the younger woman. He deduced from the compassion of the younger woman that she was the mother, so Prophet Sulayman (alayhis salam) said to the older woman: If he were your son, you would not have agreed to have him cut in two.

(2)
From this hadith, the ruling is established that if a woman whose husband has passed away claims a child of unknown lineage as her son, and no other person rejects this claim, then her statement and claim will be accepted, and upon the death of either one, the other will be their heir. Furthermore, the maternal brothers of this child will also be his heirs. If her husband is alive and the woman, in his presence, claims that a certain child is his son, but the husband denies it, then the woman's claim will not be accepted. However, if she presents two witnesses for her claim, then her statement will be accepted. And Allah knows best. (Fath al-Bari: 12/68)

A knife is called "madiyyah" because it brings an end to the lifespan of an animal, and it is called "sikkeen" because it brings stillness to the movement of the animal.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6769
Hafiz Muhammad Ameen
(1) From the aforementioned meaning of these hadiths and the incident described therein, it is understood that intellect, wisdom, and insight are absolutely bestowed (wahbi) qualities; Allah, the Exalted, grants them to whomever He wills. There is absolutely no connection between these and age (whether young or old), wealth or poverty, or authority and power, etc.

(2) This issue is also understood: that in order to ascertain the correct and true matter and to reach the depth of an issue, it is permissible to employ a stratagem (hila), provided that the purpose of this stratagem is to establish the truth or to invalidate falsehood. To use a stratagem to declare falsehood and the unlawful as correct and lawful is, according to the Shari‘ah, blameworthy and forbidden (haram).

(3) If both parties wish to have their right decided again by someone else, they may do so with pleasure, whether the second judge (qadi) is equal to or of a lesser rank than the first, as is clear from the above hadith—especially since, after the decision of the second, turning to someone else is a sign of dishonesty.

(4) “The child belongs to her”—since the purpose of this statement was only to save the life of the child and not an actual admission, therefore Sulayman alayhis salam did not act upon her confessional statement, but rather gave the child to her because he had come to know the truth, and in fact, it had become clear to everyone.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 5406