Explanation of the Book of Inheritance, Fixed Punishments, and Blood Money-03b
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The reciter: Musaddad narrated to us, from Yahya, from Shu'bah, from Muhammad ibn Ziyad: that he heard Abu Hurayrah, from the Prophet (peace and blessings be upon him) saying: .
The Shaykh : Now, if there is no bed, does the child belong to the fornicator or not? Pay attention, everyone: if she has no husband, does the child belong to the fornicator or what?
We say that if he does not claim the child, it is not his. And if he claims it, the majority of scholars—and I think it is reported as a consensus—hold that it is not attributed to him, even if he claims it, because it is the product of fornication. And if it is the product of fornication, it is not possible for this fornicator to be its father.
Some scholars said that if he claims it, it is attributed to him. This is because the woman has no husband to whom it can be attributed, and no one disputes it with him. Since it is, in reality and by divine decree, created from his semen, if he claims it, why should we not attribute it to him? The Prophet (peace and blessings be upon him) said: in a case involving a husband or a lawful sexual partner. But if there is no lawful sexual partner and no husband, and the fornicator claims it, then attributing it to him is preferable to losing its lineage. The Lawgiver has a strong desire to establish lineage.
This is what is supported by Shaykh al-Islam Ibn Taymiyyah and Ibn al-Qayyim. It is a strong opinion, but there is fear in issuing a fatwa based on it. What is feared?
That the children of fornication would increase. A man would fornicate with a woman, and when she becomes pregnant, he would marry her and then claim the child. It is well known that if she becomes pregnant from fornication, her people will submit to whatever he says out of fear of shame and scandal. So if a fatwa is issued based on this opinion, this harm would result.
The child belongs to the owner of the bed
الولد لصاحب الفراشThe Shaykh : Now, if there is no bed, does the child belong to the fornicator or not? Pay attention, everyone: if she has no husband, does the child belong to the fornicator or what?
We say that if he does not claim the child, it is not his. And if he claims it, the majority of scholars—and I think it is reported as a consensus—hold that it is not attributed to him, even if he claims it, because it is the product of fornication. And if it is the product of fornication, it is not possible for this fornicator to be its father.
Some scholars said that if he claims it, it is attributed to him. This is because the woman has no husband to whom it can be attributed, and no one disputes it with him. Since it is, in reality and by divine decree, created from his semen, if he claims it, why should we not attribute it to him? The Prophet (peace and blessings be upon him) said:
The child belongs to the bed
الولد للفراشThis is what is supported by Shaykh al-Islam Ibn Taymiyyah and Ibn al-Qayyim. It is a strong opinion, but there is fear in issuing a fatwa based on it. What is feared?
That the children of fornication would increase. A man would fornicate with a woman, and when she becomes pregnant, he would marry her and then claim the child. It is well known that if she becomes pregnant from fornication, her people will submit to whatever he says out of fear of shame and scandal. So if a fatwa is issued based on this opinion, this harm would result.