❀ The Child Belongs to the Bed Owner — Resemblance to Others Holds No Legal Value ❀
Written by: Imran Ayyub Lahori
Hazrat Abu Hurairah (رضي الله عنه) narrates that the Messenger of Allah (صلى الله عليه وسلم) said:
"الولد للفراش وللعاهر حجر"
“The child belongs to the one on whose bed he is born, and for the adulterer, there is only the stone (i.e., no claim).”
References:
[Bukhari: 6818 – Book of Legal Punishments, Chapter: For the Adulterer, There is a Stone]
[Muslim: 1458]
[At-Tirmidhi: 1157]
[An-Nasa’i: 6/180]
[Ibn Majah: 2006]
[Darimi: 2/152]
[Bayhaqi: 7/412]
[Humaydi: 1085]
[Abd al-Razzaq: 7/443]
[Ahmad: 2/239]
Hazrat Aisha (رضي الله عنها) relates:
Utbah ibn Abi Waqqas, during the days of ignorance, made a will to his brother Sa’d ibn Abi Waqqas (رضي الله عنه) to take custody of the child born from Zam‘ah's slave woman, saying:
“He is my son.”
After the Conquest of Makkah, Sa’d ibn Abi Waqqas (رضي الله عنه) brought the child to the Messenger of Allah (صلى الله عليه وسلم) along with ‘Abd ibn Zam‘ah, who also laid claim to the child.
When the Prophet (صلى الله عليه وسلم) looked at the child, he noticed that the child resembled Utbah ibn Abi Waqqas.
However, applying the rule of Shari‘ah, he declared:
“O ‘Abd ibn Zam‘ah! This child is yours. He is your brother, as he was born on your father’s bed.”
The Prophet (صلى الله عليه وسلم) then instructed Sawda (رضي الله عنها), the daughter of Zam‘ah:
“Observe ḥijāb from this boy,”
because of the visible resemblance to Utbah.
References:
[Bukhari: 4303 – Book of Battles]
[Muslim: 1457]
[Muwaṭṭa: 2/739]
[Ahmad: 6/129]
[Abu Dawood: 237]
[An-Nasa’i: 3684]
[Ibn Majah: 2004]
[Darimi: 2/152]
The criterion of lineage in Islam is the marital bed, not resemblance or physical similarity.
No legal recognition is given to the claim of an adulterer regarding a child born out of wedlock.
Even visual evidence of resemblance does not override the principle: “الولد للفراش”.
Written by: Imran Ayyub Lahori
✿ Legal Principle: “The Child is for the Bed, and the Adulterer Gets Stones”
Hazrat Abu Hurairah (رضي الله عنه) narrates that the Messenger of Allah (صلى الله عليه وسلم) said:
"الولد للفراش وللعاهر حجر"
“The child belongs to the one on whose bed he is born, and for the adulterer, there is only the stone (i.e., no claim).”
References:
[Bukhari: 6818 – Book of Legal Punishments, Chapter: For the Adulterer, There is a Stone]
[Muslim: 1458]
[At-Tirmidhi: 1157]
[An-Nasa’i: 6/180]
[Ibn Majah: 2006]
[Darimi: 2/152]
[Bayhaqi: 7/412]
[Humaydi: 1085]
[Abd al-Razzaq: 7/443]
[Ahmad: 2/239]
✔ The Incident of the Slave Woman of Zam‘ah
Hazrat Aisha (رضي الله عنها) relates:
Utbah ibn Abi Waqqas, during the days of ignorance, made a will to his brother Sa’d ibn Abi Waqqas (رضي الله عنه) to take custody of the child born from Zam‘ah's slave woman, saying:
“He is my son.”
After the Conquest of Makkah, Sa’d ibn Abi Waqqas (رضي الله عنه) brought the child to the Messenger of Allah (صلى الله عليه وسلم) along with ‘Abd ibn Zam‘ah, who also laid claim to the child.
- Sa’d said: “O Messenger of Allah! This is my brother’s son. He made a will regarding him.”
- ‘Abd ibn Zam‘ah said: “O Messenger of Allah! This is my brother. He was born on my father’s bed.”
When the Prophet (صلى الله عليه وسلم) looked at the child, he noticed that the child resembled Utbah ibn Abi Waqqas.
However, applying the rule of Shari‘ah, he declared:
“O ‘Abd ibn Zam‘ah! This child is yours. He is your brother, as he was born on your father’s bed.”
The Prophet (صلى الله عليه وسلم) then instructed Sawda (رضي الله عنها), the daughter of Zam‘ah:
“Observe ḥijāb from this boy,”
because of the visible resemblance to Utbah.
References:
[Bukhari: 4303 – Book of Battles]
[Muslim: 1457]
[Muwaṭṭa: 2/739]
[Ahmad: 6/129]
[Abu Dawood: 237]
[An-Nasa’i: 3684]
[Ibn Majah: 2004]
[Darimi: 2/152]
❀ Key Legal Understanding
The criterion of lineage in Islam is the marital bed, not resemblance or physical similarity. No legal recognition is given to the claim of an adulterer regarding a child born out of wedlock. Even visual evidence of resemblance does not override the principle: “الولد للفراش”.
