Explanation of the Book of Inheritance, Fixed Punishments, and Blood Money-03a
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The reciter: Abdullah ibn Yusuf narrated to us, Malik informed us, from Ibn Shihab, from Urwah, from Aisha (may Allah be pleased with her), who said: Sahih al-Bukhari 6749.
The Shaykh : This issue concerns Utbah ibn Abi Waqqas, who committed fornication with Zam'ah's slave woman, meaning a female slave, and she gave birth to a child. This child bore a clear resemblance to Utbah ibn Abi Waqqas. Utbah said to his brother, "This is my son; you are my guardian over him." When the year of the Conquest came, or when the year of the Conquest was?
The student: ...
The Shaykh : Both phrasings are possible, meaning when the people were in the year of the Conquest, or when the year of the Conquest was found.
Sa'd ibn Abi Waqqas and 'Abd ibn Zam'ah disputed over him. 'Abd ibn Zam'ah said, "He is my brother, born of my father's slave woman, and she is his bed." Sa'd said, "He is my brother's son, and I am his maternal uncle. Look, O Messenger of Allah, at his resemblance. Look at the resemblance." The Prophet (peace and blessings be upon him) looked at the man and saw a clear resemblance to Utbah. However, the Prophet (peace and blessings be upon him) disregarded this resemblance and made the ruling based on the bed, in order to cut off doubts. Because if the resemblance had an effect contrary to the Shari'ah ruling, doubts would arise between spouses. Every woman who gave birth to a child that did not resemble his father but resembled his uncle, for example, would doubt whom?
The husband, whom would he doubt? He would doubt his brother. Therefore, the resemblance was rejected categorically, to the extent that a Bedouin man came to the Prophet (peace and blessings be upon him) and said, "O Messenger of Allah, my wife gave birth to a black boy?" Meaning, she is white and I am white, so where did this blackness come from? The Prophet (peace and blessings be upon him) said:Sahih al-Bukhari 1452 He said: Yes. He said: He said: Red. He said: Sunan Ibn Majah 2002Sahih (Darussalam) - Al-awraq means the lead-colored, grayish one with white and black in it, but the white predominates over the black - Sunan Ibn Majah 2002Sahih (Darussalam) He said: Yes. He said: , He said: Perhaps it was inherited from a vein. Who said this? The Bedouin questioner. He said: Sunan an-Nasa'i 3480Sahih (Darussalam), So the Bedouin man was reassured, because this is a clear analogy.
So I say: Among the blessings of Allah the Exalted is that Allah made the bed a legal proof, with no room for doubt in it. So when the Prophet (peace and blessings be upon him) saw the clear resemblance of this boy to Utbah, but this resemblance was opposed by a legal proof, which is the bed, the legal proof was given precedence over the sensory proof. So the Prophet (peace and blessings be upon him) said:Sahih al-Bukhari 6749.
He is yours, O 'Abd ibn Zam'ah. Do you have ownership of him?
No, he is not owned, because he is free.
`Utba (bin Abi Waqqas) said to his brother Sa`d, "The son of the slave girl of Zam`a is my son, so be his custodian." So when it was the year of the Conquest of Mecca, Sa`d took that child and said, "He is my nephew, and my brother told me to be his custodian." On that, 'Abu bin Zam`a got up and said, 'but the child is my brother, and the son of my father's slave girl as he was born on his bed." So they both went to the Prophet. Sa`d said, "O Allah's Messenger (ﷺ)! (This is) the son of my brother and he told me to be his custodian." Then 'Abu bin Zam`a said, "(But he is) my brother and the son of the slave girl of my father, born on his bed." The Prophet (ﷺ) said, "This child is for you. O 'Abu bin Zam`a, as the child is for the owner of the bed, and the adulterer receives the stones." He then ordered (his wife) Sauda bint Zam`a to cover herself before that boy as he noticed the boy's resemblance to `Utba. Since then the boy had never seen Sauda till he died.
كان عتبة عهد إلى أخيه سعد : أن ابنَ وليدةِ زمعة مني، فاقبضه إليك، فلما كان عام الفتح أخذه سعد، فقال : ابن أخي عهد إلي فيه ، فقام عبد بن زمعة، فقال : أخي وابن وليدة أبي، ولد على فراشه، فتساوقا إلى النبي صلى الله عليه وسلم، فقال سعد : يا رسول الله، ابن أخي، قد كان عهد إلي فيه، فقال عبد بن زمعة : أخي وابن وليدة أبي، ولد على فراشه، فقال النبي صلى الله عليه وسلم : هو لك يا عبد بن زمعة، الولد للفراش وللعاهر الحجر ، ثم قال لسودة بنت زمعة : احتجبي منه ، لما رأى من شبهه بعتبة، فما رآها حتى لقي اللهThe Shaykh : This issue concerns Utbah ibn Abi Waqqas, who committed fornication with Zam'ah's slave woman, meaning a female slave, and she gave birth to a child. This child bore a clear resemblance to Utbah ibn Abi Waqqas. Utbah said to his brother, "This is my son; you are my guardian over him." When the year of the Conquest came, or when the year of the Conquest was?
The student: ...
The Shaykh : Both phrasings are possible, meaning when the people were in the year of the Conquest, or when the year of the Conquest was found.
Sa'd ibn Abi Waqqas and 'Abd ibn Zam'ah disputed over him. 'Abd ibn Zam'ah said, "He is my brother, born of my father's slave woman, and she is his bed." Sa'd said, "He is my brother's son, and I am his maternal uncle. Look, O Messenger of Allah, at his resemblance. Look at the resemblance." The Prophet (peace and blessings be upon him) looked at the man and saw a clear resemblance to Utbah. However, the Prophet (peace and blessings be upon him) disregarded this resemblance and made the ruling based on the bed, in order to cut off doubts. Because if the resemblance had an effect contrary to the Shari'ah ruling, doubts would arise between spouses. Every woman who gave birth to a child that did not resemble his father but resembled his uncle, for example, would doubt whom?
The husband, whom would he doubt? He would doubt his brother. Therefore, the resemblance was rejected categorically, to the extent that a Bedouin man came to the Prophet (peace and blessings be upon him) and said, "O Messenger of Allah, my wife gave birth to a black boy?" Meaning, she is white and I am white, so where did this blackness come from? The Prophet (peace and blessings be upon him) said:
Have you got camels?
هل لك من إبل ؟What are their colors?
ما ألوانها ؟Are there any grey ones among them?
هل فيها من أورق ؟Are there any grey ones among them?
هل فيها من أورق ؟Where did the al-awraq come from, while they are red?
من أين جاءها الأورق وهي حمر ؟Perhaps this is also hereditary
فابنك هذا لعله نزعه عرقSo I say: Among the blessings of Allah the Exalted is that Allah made the bed a legal proof, with no room for doubt in it. So when the Prophet (peace and blessings be upon him) saw the clear resemblance of this boy to Utbah, but this resemblance was opposed by a legal proof, which is the bed, the legal proof was given precedence over the sensory proof. So the Prophet (peace and blessings be upon him) said:
This child is for you. O 'Abu bin Zam`a, as the child is for the owner of the bed, and the adulterer receives the stones.
هو لك يا عبد بن زمعة، الولد للفراش، وللعاهر الحجرHe is yours, O 'Abd ibn Zam'ah. Do you have ownership of him?
No, he is not owned, because he is free.