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سنن دارمي
Darimi
من كتاب النكاحFrom the Book of Marriage
باب: «الْوَلَدُ لِلْفِرَاشِ»:Chapter: The Child Belongs to the Bed
Hadith 2274
اُردوEn
حَدَّثَنَا الْحَكَمُ بْنُ نَافِعٍ، حَدَّثَنَا شُعَيْبٌ، عَنْ الزُّهْرِيِّ، أَخْبَرَنِي عُرْوَةُ، عَنْ عَائِشَةَ زَوْجِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ، قَالَتْ: كَانَ عُتْبَةُ بْنُ أَبِي وَقَّاصٍ عَهِدَ إِلَى أَخِيهِ سَعْدِ بْنِ أَبِي وَقَّاصٍ: أَنْ يَقْبِضَ إِلَيْهِ ابْنَ وَلِيدَةِ زَمْعَةَ، فَقَالَ عُتْبَةُ: إِنَّهُ ابْنِي، فَلَمَّا قَدِمَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ زَمَنَ الْفَتْحِ، أَخَذَ سَعْدُ بْنُ أَبِي وَقَّاصٍ ابْنَ وَلِيدَةِ زَمْعَةَ، فَإِذَا هُوَ أَشْبَهُ النَّاسِ بِعُتْبَةَ بْنِ أَبِي وَقَّاصٍ، فَقَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: "هُوَ لَكَ يَا عَبْدُ بْنَ زَمْعَةَ مِنْ أَجْلِ أَنَّهُ وُلِدَ عَلَى فِرَاشِ أَبِيهِ"، وَقَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: "احْتَجِبِي مِنْهُ يَا سَوْدَةُ بِنْتَ زَمْعَةَ مِمَّا رَأَى مِنْ شَبَهِهِ بِعُتْبَةَ بْنِ أَبِي وَقَّاصٍ، وَسَوْدَةُ بِنْتُ زَمْعَةَ".
Umm al-Mu’minin Lady Aisha (may Allah be pleased with her), the wife of the Prophet (peace be upon him), said: Utbah bin Abi Waqqas, at the time of his death, made a will to his brother, our master Sa’d bin Abi Waqqas (may Allah be pleased with him), that the son of Zam’ah’s slave woman is mine, and he should take him into his custody. So, when the Prophet (peace be upon him) reached Makkah at the time of the conquest of Makkah, our master Sa’d bin Abi Waqqas (may Allah be pleased with him) took the boy of Zam’ah’s slave woman, who among the people resembled Utbah bin Abi Waqqas the most. When this case was brought before the Prophet (peace be upon him), he gave the verdict: “This child, O ‘Abd bin Zam’ah, is for you, because his birth took place on his father’s bed.” (Because at that time the boy’s mother was in the ownership of ‘Abd bin Zam’ah), and the Prophet (peace be upon him) said to his wife, Umm al-Mu’minin Lady Sawdah bint Zam’ah (may Allah be pleased with her): “O Sawdah! Observe veil from this boy,” and he said this because of the resemblance the boy had to Utbah bin Abi Waqqas.
Brief Explanation
(Commentary on Hadiths 2272 to 2274)
The general principle is that a child will be attributed to the one in whose household he is born; therefore, according to this principle, he is considered the brother of Umm al-Mu’minin Sayyidah Sawdah bint Zam’ah radi Allahu anha, and there is no veil (hijab) between them. However, the Noble Prophet sallallahu alayhi wa sallam, due to the clear resemblance and similarity, said that he is not like your real brother, and that he is actually the son of Utbah and is a stranger (ajnabi) to you, a non-mahram, so you must observe hijab from him.
From this lengthy hadith, which is found in greater detail in the Sahihayn, it is understood that a child born from adultery (zina) will be considered the child of the woman’s husband or owner (sahib al-firash), regardless of how much the adulterer (zani) claims otherwise; the child will belong to the sahib al-firash. He will be attributed to him and considered his heir, and the rulings of offspring will apply to him, even if the child bears resemblance to the adulterer. And if the sahib al-firash, i.e., the husband or owner, refuses to acknowledge the child as his own, then the child will be attached to the mother and attributed to her, not to the adulterer.
The general principle is that a child will be attributed to the one in whose household he is born; therefore, according to this principle, he is considered the brother of Umm al-Mu’minin Sayyidah Sawdah bint Zam’ah radi Allahu anha, and there is no veil (hijab) between them. However, the Noble Prophet sallallahu alayhi wa sallam, due to the clear resemblance and similarity, said that he is not like your real brother, and that he is actually the son of Utbah and is a stranger (ajnabi) to you, a non-mahram, so you must observe hijab from him.
From this lengthy hadith, which is found in greater detail in the Sahihayn, it is understood that a child born from adultery (zina) will be considered the child of the woman’s husband or owner (sahib al-firash), regardless of how much the adulterer (zani) claims otherwise; the child will belong to the sahib al-firash. He will be attributed to him and considered his heir, and the rulings of offspring will apply to him, even if the child bears resemblance to the adulterer. And if the sahib al-firash, i.e., the husband or owner, refuses to acknowledge the child as his own, then the child will be attached to the mother and attributed to her, not to the adulterer.
