Divorce Section · 34 – The child's bed belongs to the owner.
Aisha (may Allah be pleased with her) narrated:
Sa'd bin Abi Waqqas and Abd bin Zama, the latter being the son of Zama’s slave woman, referred their dispute to the Messenger of Allah (peace and blessings upon him) for resolution.
Sa'd said: When I came to Mecca, my brother Utba commanded me to look after Zama’s slave woman’s son and take him as my own, and he claimed that he was his son.
Abd bin Zama said: He is my brother, because he is the son of my father’s slave woman and was born in my father's bed. The Messenger of Allah (peace and blessings upon him) saw a resemblance of Utba in the boy and said, “The child belongs to the bed (to whoever’s bed he was born in).” He then said, "O Sevda, conceal yourself from this brother and do not show yourself to him." A more detailed narration adds that the Messenger of Allah (peace and blessings upon him) said, "O Abd, the boy is your brother.” [215]
COMMENTARY:
Lady Sevda is Zama’s daughter and a wife of the Prophet (peace and blessings upon him). Because the child was born in Zama's bed, he was accepted as his own, and became related to Lady Sevda. Due to some resemblance to Utba, the Messenger of Allah (peace and blessings upon him) ordered Lady Sevda not to show herself to this boy who was her brother, because the possibility of illegitimacy appeared stronger.
Amr bin Shu'ayb has narrated from his grandfather:
A man stood up and said, “O Messenger of Allah! Such-and-such is my son.” He said, "I had intercourse with his mother in the days of ignorance." The Messenger of Allah (ﷺ) said, “There is no claim of lineage in Islam. The practices of the Age of Ignorance are gone. The child belongs to the owner of the bedspread. [For the adulterer there is] a stone [of disgrace].”
Note:
*Ahr*: means adultery. "[For the adulterer there is] a stone" means disgrace and shame.
Rabah (may Allah be pleased with him) narrated: My family married me to slave girls who were originally Roman. I had relations with them, and a black boy was born to me. I named the child Abdullah. Then I had relations with her again, and another black boy was born to me; I named him Ubaydah. Afterwards, my family’s Roman male slave, called Yuhanna, violated my marriage bond. He spoke to her in a language that others could not understand (and had relations with her), and she gave birth to a boy resembling a lizard. I asked her, “What is this?” She said, "This child is from Yuhanna."
We confessed before the presence of Uthman (may Allah be pleased with him). Musa ibn Ismail says: I think that al-Mahdi said: Uthman (may Allah be pleased with him) questioned the man and my wife, and both admitted to adultery. Uthman (may Allah be pleased with him) then asked the two of them, “Are you both willing for me to rule between you as the Messenger of Allah (peace and blessings upon him) ruled?” The Messenger of Allah (peace and blessings upon him) said, "The child belongs to the bed-maker." I think that al-Mahdi said: Uthman (may Allah be pleased with him) then punished the man and the woman. Both were slaves. [216]
EXPLANATION
Ahmed ibn Hanbal narrated it through various chains of transmission in his Musnad.
*Tabane:* means to violate or corrupt.
*Ratane:* means he spoke.
*Vezegaten:* means a lizard.
*Celde:* means punishment; striking with sticks in a way that affects the skin. Smart, adult free men receive ten strokes of the stick, while slaves receive half that amount. It is also a condition for stoning (recm) that those who commit adultery must be married or previously chaste.