The child belongs to the bed, and the fornicator is stoned
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The questioner: May Allah reward you, Shaykh! He asks about the problem of unlawful sexual intercourse, from which few of our brothers and sisters were safe before their conversion to Islam. As a result of these relationships, many children were born, and I would not be exaggerating if I described them as a nation of people. Are the children who came from this unlawful sexual intercourse the financial responsibility of their fathers who converted to Islam, when there was no marriage contract with their mothers?
As for those who engaged in sexual intercourse while in a state of disbelief, if they believed that this intercourse took place under a contract they considered valid, even if it was invalid according to the Shari'ah, then the opposite is true, and the children belong to the man.An example of that is: A man who was a disbeliever agreed with a woman to be her husband, and she agreed, and they considered this a contract.Then the man and the woman convert to Islam, we say: You are in a state of marriage, and there is no need to renew the contract. The children who were born between you belong to you, unless the wife is not lawful for the husband in the state of Islam. For example, if he was a Zoroastrian and married his sister, and the Zoroastrians permit marriage with close relatives, then if he married his sister while in a state of disbelief, and then he and she converted to Islam, they must be separated; because the woman is not lawful for the man.So we say about this group you mentioned: If you believe that what happened between you and these women, namely sexual intercourse, was a marriage and a contract, then this is not unlawful sexual intercourse, and the children belong to you. But if you believe that it was unlawful sexual intercourse, and you claimed these children as yours while in a state of disbelief—Meaning: If the man who committed unlawful sexual intercourse said, "These are my children," then they are also his children, as long as no one disputes this. But if they did not claim them, then they do not become their children.
As for financial maintenance, it is based on the fact that if we rule that they are their children, it is obligatory for them to provide for them. And if we do not rule that, then they are not responsible for their maintenance.
The questioner: What is the meaning of the saying of the Prophet (peace and blessings be upon him): "The child belongs to the bed, and the woman who commits adultery is stoned"?The Shaykh: The hadith "The child belongs to the bed, and the woman who commits adultery is stoned" indicates that there are two men: the adulterer and the owner of the bed, each of whom claims that the child is his.The owner of the bed says: This is my child, born on my bed.And the adulterer says: This is my child, created from my seed. Here, we prioritize the side of the Shari'ah, as the Prophet (peace and blessings be upon him) said: "The child belongs to the bed, and the woman who commits adultery is stoned". But if the adulterer is not disputed by anyone in this matter,Meaning: If he committed unlawful sexual intercourse with a virgin woman, for example, or a woman who has no husband, and no one claimed this child, and the adulterer said: "He is my child," then he is his; because these are disbelievers who do not adhere to the rulings of Islam, so he is his, and there is no problem with that, and he is responsible for his maintenance. But if he believes that it is a child of unlawful sexual intercourse and that it is not his and he does not want it, then its maintenance is the responsibility of the Muslims who know of its condition. Its maintenance is a collective obligation that the Muslims generally fulfill.
As for those who engaged in sexual intercourse while in a state of disbelief, if they believed that this intercourse took place under a contract they considered valid, even if it was invalid according to the Shari'ah, then the opposite is true, and the children belong to the man.An example of that is: A man who was a disbeliever agreed with a woman to be her husband, and she agreed, and they considered this a contract.Then the man and the woman convert to Islam, we say: You are in a state of marriage, and there is no need to renew the contract. The children who were born between you belong to you, unless the wife is not lawful for the husband in the state of Islam. For example, if he was a Zoroastrian and married his sister, and the Zoroastrians permit marriage with close relatives, then if he married his sister while in a state of disbelief, and then he and she converted to Islam, they must be separated; because the woman is not lawful for the man.So we say about this group you mentioned: If you believe that what happened between you and these women, namely sexual intercourse, was a marriage and a contract, then this is not unlawful sexual intercourse, and the children belong to you. But if you believe that it was unlawful sexual intercourse, and you claimed these children as yours while in a state of disbelief—Meaning: If the man who committed unlawful sexual intercourse said, "These are my children," then they are also his children, as long as no one disputes this. But if they did not claim them, then they do not become their children.
As for financial maintenance, it is based on the fact that if we rule that they are their children, it is obligatory for them to provide for them. And if we do not rule that, then they are not responsible for their maintenance.
The questioner: What is the meaning of the saying of the Prophet (peace and blessings be upon him): "The child belongs to the bed, and the woman who commits adultery is stoned"?The Shaykh: The hadith "The child belongs to the bed, and the woman who commits adultery is stoned" indicates that there are two men: the adulterer and the owner of the bed, each of whom claims that the child is his.The owner of the bed says: This is my child, born on my bed.And the adulterer says: This is my child, created from my seed. Here, we prioritize the side of the Shari'ah, as the Prophet (peace and blessings be upon him) said: "The child belongs to the bed, and the woman who commits adultery is stoned". But if the adulterer is not disputed by anyone in this matter,Meaning: If he committed unlawful sexual intercourse with a virgin woman, for example, or a woman who has no husband, and no one claimed this child, and the adulterer said: "He is my child," then he is his; because these are disbelievers who do not adhere to the rulings of Islam, so he is his, and there is no problem with that, and he is responsible for his maintenance. But if he believes that it is a child of unlawful sexual intercourse and that it is not his and he does not want it, then its maintenance is the responsibility of the Muslims who know of its condition. Its maintenance is a collective obligation that the Muslims generally fulfill.