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 : In the name of Allah, the Most Gracious, the Most Merciful.
This issue has been discussed previously, and we clarified that this incident occurred in a dispute between the owner of the bed and the other man, and that the scholars are in agreement that if a dispute arises between the owner of the bed and the man who committed fornication, the child belongs to the owner of the bed; this is by consensus.
However, if the woman did not have a husband and a man committed fornication with her, and no one claimed her, then if the fornicator wishes to claim the child as his, we mentioned that the majority of scholars say: he does not claim it, even if he claims it, due to the generality of His saying:Sunan Ibn Majah 2006Sahih (Darussalam).
And some scholars said: if he claims it and he has no one else claiming it, then it belongs to him. He said that the hadith:Sunan Ibn Majah 2006Sahih (Darussalam)
And we said that in this issue, it is not appropriate to absolutely prefer one opinion over the other, but rather one should look at each specific case individually, because the circumstances may differ.
The child belongs to the owner of the bed
الولد لصاحب الفراشThe Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
This issue has been discussed previously, and we clarified that this incident occurred in a dispute between the owner of the bed and the other man, and that the scholars are in agreement that if a dispute arises between the owner of the bed and the man who committed fornication, the child belongs to the owner of the bed; this is by consensus.
However, if the woman did not have a husband and a man committed fornication with her, and no one claimed her, then if the fornicator wishes to claim the child as his, we mentioned that the majority of scholars say: he does not claim it, even if he claims it, due to the generality of His saying:
The child is for the bed (i.e., belongs to the husband) and the fornicator gets nothing!
الولد للفراش وللعاهر الحجرAnd some scholars said: if he claims it and he has no one else claiming it, then it belongs to him. He said that the hadith:
The child is for the bed (i.e., belongs to the husband) and the fornicator gets nothing!
الولد للفراش وللعاهر الحجرAnd we said that in this issue, it is not appropriate to absolutely prefer one opinion over the other, but rather one should look at each specific case individually, because the circumstances may differ.