´Abu Hurairah narrated that The Messenger of Allah said:` “The child is for the bed, and for the fornicator is the stone.”
Explanation & Benefits
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
By "firaash" (bed), the "sahib firaash" (master of the bed) is meant, i.e., the husband or the owner (in the case of a slave woman), because only these two lay the woman on the bed and sleep with her.
2:
For the adulterer, there is "stone" (hijr),
meaning failure and deprivation,
he has no right in the child.
Another opinion is that by "hijr" is meant that he will be stoned,
i.e., killed by being struck with stones,
but this opinion is weak and feeble because stoning (rajm) is only for the married person.
The meaning of the hadith is that when the woman gives birth to a child, the child will be attributed to the one whose wife or slave woman she is, and the child will be counted as his.
The rulings of inheritance and other rulings of lineage will apply between them, even if someone else claims to have committed adultery with this woman and also claims that this child was born from his adultery, and even if the child resembles him and not the sahib firaash, despite all this, the child will be attributed to the sahib firaash.
The adulterer will have no right in this, and if the sahib firaash denies the child, then the child will be attributed to the mother, and the child's lineage will be connected to the mother, not to the adulterer.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1157
Maulana Dawood Raz
Hadith Commentary:
This is a judicial ruling of Islam, the effect of which extends over the entire life of the child, impacting rights, inheritance, and so on.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 6818
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
In the Arabic language, "hajr" has two meanings:
➊ It gives the meaning of deprivation and being deprived.
➋ Stones with which the adulterer is stoned (rajm).
Some scholars have taken the first meaning in this hadith, that for the adulterer there is nothing but deprivation; he will not be given a child.
Allamah ‘Ayni rahimahullah has given preference to this meaning, but Imam Bukhari rahimahullah, through this chapter heading, has established that what is meant here is not deprivation, but rather the stones with which the adulterer is stoned (rajm), provided that the conditions for rajm are fulfilled, because the punishment of stoning is not for every adulterer, but for the married adulterer, while the punishment for an unmarried adulterer is flogging.
(Fath al-Bari: 12/156)
And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6818
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
The Messenger of Allah (sallallahu alayhi wa sallam) said to Sa’d (radi Allahu anhu) that you consider him your nephew, whereas the slave woman who gave birth to him was not under your brother’s marital bed (firaash). Lineage is only established when the marital bed (firaash) is established. Your brother Utbah was a fornicator (zani), and a child is not attributed to a fornicator; therefore, he is deprived of this child, and instead of the child, stones are his lot.
(2)
Since this child bore resemblance to Utbah, the Messenger of Allah (sallallahu alayhi wa sallam), after fulfilling the legal requirements, as a precaution, ordered Sawdah bint Zam’ah (radi Allahu anhuma) to observe veiling (purdah) from him. When his lineage was legally established, inheritance would also proceed according to this legal principle. If the owner of the marital bed (sahib al-firaash) denies the child, then the child will be attributed to the mother, and she alone will be his heir, as this issue has already been explained under the previous heading. Imam Bukhari (rahimahullah) has mentioned the aforementioned hadith in the Book of Inheritance (Kitab al-Fara’id) for this very purpose. And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6750
Hafiz Muhammad Ameen
(1) The child born to a married woman will be attributed to her husband. Similarly, the child born to a slave woman (bondwoman) will be considered as belonging to her master, as long as the husband or the master does not deny (paternity), even if there is some possible evidence of the child being illegitimate. This is because the matter of whether a child is legitimate or illegitimate is hidden, and reaching its reality is a difficult matter.
(2) "Stone"—that is, the fornicator (adulterer) will be subjected to the prescribed punishment (hadd), one form of which is stoning. This could also be an idiom, meaning that for the fornicator there is failure (disappointment). Lineage cannot be established through fornication, because lineage is a pure thing.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3512
Hafiz Muhammad Ameen
Urdu marginal note:
"Firash" or bed is a metaphor for wife and slave-girl. By "the one of the bed" is meant the husband or the owner.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3513
Maulana Ataullah Sajid
Benefit:
If "al-hajr" is pronounced with a sukun (jazm) on the letter "jeem," it means that the child is deprived of his legal rights (such as inheritance, etc.). And if it is pronounced with a fathah on the "jeem," it means that he is deserving of punishment, i.e., he should be stoned (rajm).
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2006
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه البخاري، الحدود، باب للعاهر الحجر، حديث:6818، ومسلم، الرضاع، باب الولد للفراش...، حديث:1458، وحديث عائشة: أخرجه البخاري، الفرائض، حديث:6749، 2053، ومسلم، الرضاع، حديث:1457، وحديث ابن مسعود: أخرجه النسائي، الطلاق، حديث:3517 وهو صحيح، وحديث عثمان: أخرجه أبوداود، الطلاق، حديث: 2275، وهو صحيح.»©Explanation:
➊ The meaning of the hadith is that when a wife or a slave woman gives birth to a child, the lineage of that child will be attributed to the man who is the husband or the master, and he will be considered his child. Due to the birth, the rulings of inheritance and other related matters will apply between them. And if another man claims to have committed adultery with this woman and also claims that the child was born from his act of adultery, and the child also resembles him and not the owner of the bed (sahib al-firash), then even in this entire situation, the child will be attributed to the owner of the bed, and the adulterer will have no right in this matter. And all of this is in the case where the owner of the bed does not deny the child. If he denies the child, then the child will be attributed to the mother, and his lineage will be with the mother, not with the adulterer. Remember! The opinion of the majority is that a woman becomes a “bed owner” (firash) only through marriage (nikah). Now, if she gives birth to a child after six months or more, and it is possible for the husband to have had intercourse (jima‘) with her, then the child will be attributed to the husband. But if intercourse was not possible, then the child will not be attributed to him.
➋ The Hanafi scholars say that merely by the contract of marriage (aqd), the child will be attributed to the woman's husband, whether intercourse was possible or not. Even if a man living in the west marries a woman living in the east, and neither of them leaves their familiar homeland, or if a man divorces the woman after the marriage contract, and then after six months the woman gives birth to a child, in this case, the child will be attributed to that man. This is a statement that does not even require refutation.
➌ Imam Ibn Taymiyyah rahimahullah has taken the position that knowledge of actual consummation (dukhul) with the woman is necessary. Ibn Qayyim rahimahullah and the author of Manar al-Sabeel have supported him in this, and this can be understood from the word “firash” (bed) linguistically, customarily, and rationally.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 963
Shaykh Muhammad Ibrahim bin Basheer
Benefit:
This hadith proves that if a man commits adultery with someone’s wife and a child is born from that, the child will be counted as belonging to the household in which he was born, even if in reality he is not from the husband’s seed. The adulterer will be apprehended; if he is unmarried, he will be lashed one hundred times, and if he is married, he will be stoned to death (rajm). That is, not every adulterer will be stoned; rather, only when the condition for rajm is fulfilled will he be stoned, and the condition for rajm is that he is married.
May Allah, the Exalted, show mercy and establish Islam throughout the world, cool our eyes (with its implementation), reduce the prevalence of corruption and sins on the earth, and may married adulterers and adulterous women be stoned to death. Through this, peace will be established, inshaAllah.
There is no city or village that has remained free from adultery; may Allah, the Exalted, show mercy and grant people the ability to love Islam and disgrace Satan. Ameen.
Source: Musnad al-Humaydi: Commentary by Muhammad Ibrahim bin Bashir, Page: 1114