To Whom is a Child Born from Adultery Attributed?
Source: Fatāwā Amunpuri by Shaykh Ghulam Mustafa Zaheer Amunpuri
To whom is a child born as a result of adultery attributed?
If the woman is married, then the child is attributed to the man to whom she is legally married at the time—that is, her husband.
❀ Sayyidah ʿĀ’ishah رضي الله عنها narrated:
ʿUqbah bin Abī Waqqāṣ (a disbeliever) entrusted his brother Saʿd bin Abī Waqqāṣ رضي الله عنه with a will, saying:
"The slave woman of Zamʿah has given birth to a child from my sperm, so take him into your care."
During the year of the conquest of Makkah, Saʿd took the boy and claimed:
"This is the son of my brother ʿUqbah."
However, ʿAbd bin Zamʿah protested:
"This child was born from my father Zamʿah’s slave woman while she was under his ownership. Hence, this child belongs to my father."
The case was brought before the Messenger of Allah ﷺ.
Saʿd said:
"O Messenger of Allah! He is my brother’s son. He instructed me in his will to take him in my care."
ʿAbd bin Zamʿah replied:
"This is the son of my father's slave woman, born upon his bed, so he belongs to my father."
The Prophet ﷺ said:
"The child is attributed to the (man) on whose bed he is born, and the adulterer receives stoning."
He then said:
"ʿAbd bin Zamʿah, the boy belongs to you."
The Prophet ﷺ noticed that the boy resembled ʿUqbah, but still ruled in favor of Zamʿah, according to the legal principle. Because of this, the Prophet ﷺ instructed that the boy not be shown to Sayyidah Sawdah رضي الله عنها, the daughter of Zamʿah, who would have been considered the boy's sister.
[Ṣaḥīḥ al-Bukhārī: 2053; Ṣaḥīḥ Muslim: 1457]
Even when physical resemblance was found with ʿUqbah, the Prophet ﷺ did not attribute the child to him, because the child was born on the bed (i.e., in the legal marriage) of Zamʿah.
This shows a clear legal maxim in Islamic law:
“The child is for the (owner of the) bed (الفراش), and the adulterer is to be punished.”
So, the child is attributed to the legal husband, not the biological father (in the case of zina).
① If a married woman gives birth to a child through adultery,
➤ The child is still attributed to her lawful husband, not the biological adulterer.
② This is based on the clear ruling of the Prophet ﷺ,
➤ "الولد للفراش وللعاهر الحجر"
➤ "The child is for the bed (i.e., husband), and the adulterer gets stones (i.e., punishment)."
③ Even if the child resembles the adulterer, the attribution remains to the husband.
④ The adulterer bears no paternal rights but will receive punishment.
Source: Fatāwā Amunpuri by Shaykh Ghulam Mustafa Zaheer Amunpuri
❖ Question:
To whom is a child born as a result of adultery attributed?
❖ Answer:
If the woman is married, then the child is attributed to the man to whom she is legally married at the time—that is, her husband.
◈ Evidence from the Sunnah
❀ Sayyidah ʿĀ’ishah رضي الله عنها narrated:
ʿUqbah bin Abī Waqqāṣ (a disbeliever) entrusted his brother Saʿd bin Abī Waqqāṣ رضي الله عنه with a will, saying:
"The slave woman of Zamʿah has given birth to a child from my sperm, so take him into your care."
During the year of the conquest of Makkah, Saʿd took the boy and claimed:
"This is the son of my brother ʿUqbah."
However, ʿAbd bin Zamʿah protested:
"This child was born from my father Zamʿah’s slave woman while she was under his ownership. Hence, this child belongs to my father."
The case was brought before the Messenger of Allah ﷺ.
Saʿd said:
"O Messenger of Allah! He is my brother’s son. He instructed me in his will to take him in my care."
ʿAbd bin Zamʿah replied:
"This is the son of my father's slave woman, born upon his bed, so he belongs to my father."
The Prophet ﷺ said:
"The child is attributed to the (man) on whose bed he is born, and the adulterer receives stoning."
He then said:
"ʿAbd bin Zamʿah, the boy belongs to you."
The Prophet ﷺ noticed that the boy resembled ʿUqbah, but still ruled in favor of Zamʿah, according to the legal principle. Because of this, the Prophet ﷺ instructed that the boy not be shown to Sayyidah Sawdah رضي الله عنها, the daughter of Zamʿah, who would have been considered the boy's sister.
[Ṣaḥīḥ al-Bukhārī: 2053; Ṣaḥīḥ Muslim: 1457]◈ Ruling & Legal Principle
Even when physical resemblance was found with ʿUqbah, the Prophet ﷺ did not attribute the child to him, because the child was born on the bed (i.e., in the legal marriage) of Zamʿah.
This shows a clear legal maxim in Islamic law:
“The child is for the (owner of the) bed (الفراش), and the adulterer is to be punished.”
So, the child is attributed to the legal husband, not the biological father (in the case of zina).
Summary:
① If a married woman gives birth to a child through adultery,
➤ The child is still attributed to her lawful husband, not the biological adulterer.
② This is based on the clear ruling of the Prophet ﷺ,
➤ "الولد للفراش وللعاهر الحجر"
➤ "The child is for the bed (i.e., husband), and the adulterer gets stones (i.e., punishment)."
③ Even if the child resembles the adulterer, the attribution remains to the husband.
④ The adulterer bears no paternal rights but will receive punishment.
