What is the ruling on what a slave woman gives birth to if the form of a human being is discerned in it? Is she ruled to be the mother of a child or not? And did 'Umar (may Allah be pleased with him) say this?
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The questioner : If the form of a human being is discerned in it, then it is not sold. You explained the reasoning... your words.
The Shaykh : Yes
The questioner : I mean, what is the point of combining them?
The Shaykh : The jurists (may Allah have mercy on them) adopted what 'Umar held absolutely.
The questioner : But 'Umar held this, otherwise...
The Shaykh : This will come to us in the hadith that follows, that mothers of children were sold during the time of the Messenger (peace and blessings be upon him).
The questioner : But 'Umar.
The Shaykh : Yes.
The questioner : From 'Umar's policy, did he say "if the form of a human being is discerned" or did he say "there is no distinction between..."?
The Shaykh : Ah, I mean, do you mean "if the form of a human being is discerned" or "if it was not large," meaning he does not distinguish between them?
The questioner : Yes.
The Shaykh : Correct, they generalized the issue; they generalized the issue in its absolute form, whether the child remained or did not remain, as long as it is discerned that it is the form of a human being, the ruling remains. So they made the operative cause that she gave birth to something in which the form of a human being is discerned, but the correct view is the opposite.
The questioner : How does their reasoning hold up, O Shaykh?
The Shaykh : It does not hold up. It will come to us, it will come to us, if Allah wills. Yes?
The questioner : O Shaykh, why not...
The Shaykh : Set it for five minutes, O Husam. Yes?
The Shaykh : Yes
The questioner : I mean, what is the point of combining them?
The Shaykh : The jurists (may Allah have mercy on them) adopted what 'Umar held absolutely.
The questioner : But 'Umar held this, otherwise...
The Shaykh : This will come to us in the hadith that follows, that mothers of children were sold during the time of the Messenger (peace and blessings be upon him).
The questioner : But 'Umar.
The Shaykh : Yes.
The questioner : From 'Umar's policy, did he say "if the form of a human being is discerned" or did he say "there is no distinction between..."?
The Shaykh : Ah, I mean, do you mean "if the form of a human being is discerned" or "if it was not large," meaning he does not distinguish between them?
The questioner : Yes.
The Shaykh : Correct, they generalized the issue; they generalized the issue in its absolute form, whether the child remained or did not remain, as long as it is discerned that it is the form of a human being, the ruling remains. So they made the operative cause that she gave birth to something in which the form of a human being is discerned, but the correct view is the opposite.
The questioner : How does their reasoning hold up, O Shaykh?
The Shaykh : It does not hold up. It will come to us, it will come to us, if Allah wills. Yes?
The questioner : O Shaykh, why not...
The Shaykh : Set it for five minutes, O Husam. Yes?