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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on attributing a child of unknown parentage to a person by a doctor's decision

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Question:
We present the first letter, which came from the listener Abdul Karim Abdul Wasi, of Ethiopian nationality, residing in Jeddah. He sent two questions. In his first question, he says: If a doctor examines a child of unknown parentage and decides that he is the son of so-and-so, is his word accepted and the child attributed to the one to whom he attributed him, or not?

Answer:
In the name of Allah, the Most Gracious, the Most Merciful.
Praise be to Allah, and may Allah send blessings and peace upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
The doctor's statement that the child of unknown parentage is the son of so-and-so is not considered valid in an absolute sense. Rather, it is necessary to look at the child's situation. If it is known that he was born on the bed of so-and-so, from his wife or his concubine, then he is ruled to be his son; based on the saying of the Prophet (peace and blessings be upon him):
The child is for the bed (i.e., belongs to the husband) and the fornicator gets nothing!الولد للفراش، وللعاهر الحجر
Sunan Ibn Majah 2006Sahih (Darussalam)
Or if it is known that he is the son of so-and-so by evidence, with two just witnesses who testify that this is the son of so-and-so, then it is ruled by the legal evidence. If the situation is not that of a bed, nor the testimony of two just witnesses, then he is presented to the genealogists in the presence of the one who claims him in a legal manner. And if he has a challenger, likewise, he is present with the genealogists who are knowledgeable about resemblance. The genealogists attribute him to the one who is most similar to him in resemblance, in the absence of the bed and in the absence of just evidence.
As for the doctor, he is not sufficient. The genealogists who are knowledgeable about the resemblances of people are those whom the Lawgiver considered. The Prophet (peace and blessings be upon him) was pleased when the genealogist spoke about Usamah ibn Zayd with his father, and they were under a blanket, and nothing of them was visible except their feet. He said: "Indeed, these feet are some of them from some of them." So the Prophet (peace and blessings be upon him) was pleased with that, and the Muslims have acted upon this.
So the result is: The genealogists take precedence over the doctor who is considered by blood or the like. The genealogists who are knowledgeable about resemblances are the ones who take precedence in this issue in the absence of the evidence that is stronger than them, which is the bed, and the testimony of two just witnesses who testify to his lineage from so-and-so. If he is unknown, and there is no evidence, and no bed, then the genealogists are the ones who are considered. Yes.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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