BOOK OF DIVORCE · 32 – Those who say that when children dispute, lots should be drawn.
Zayd ibn Arqam, may Allah be pleased with him, narrated:
I was sitting in the company of the Messenger of Allah, peace and blessings be upon him, when a man came from Yemen. He said that three men from the people of Yemen had come to Ali, disputing over a boy whose lineage was unclear. These three men had committed adultery with a woman (slave girl) within a tent. Ali, may Allah be pleased with him, said, “Let the two of you agree that the child belongs to the third one.” They began shouting loudly. Then he said to the other two, “Let the two of you agree that the child belongs to the third one.” They began shouting loudly. Then he said to the remaining two, "Let the two of you agree that the child belongs to this person." They began shouting loudly. Ali, may Allah be pleased with him, said, “You are partners in dispute. I will draw lots among you; whoever the lot falls upon, the child is his. The other two shall pay two-thirds of the diya [blood money] to his companions.” He drew lots and gave the child to the one on whom the lot fell. The Messenger of Allah, peace and blessings be upon him, laughed so much that his side teeth were visible.
Zayd ibn Arqam (may Allah be pleased with him) narrated:
Some individuals who had committed adultery within a purification tent came to Ali (may Allah be pleased with him) in Yemen, numbering three. He asked them, "Do you two accept that the child belongs to this third one?" They replied, “We do not.” Then he inquired of them all, and each time he asked if they would accept [the paternity] of two of them, they responded negatively. Consequently, Ali (may Allah be pleased with him) drew lots among them, and the child was assigned to the one upon whom the lot fell. Zayd ibn Arqam said: The diyah (blood money) was also imposed upon him as two-thirds. Then the Messenger of Allah (peace and blessings of Allah be upon him) heard about this incident and laughed until his back teeth were visible. [213]
**Note:** Some have transmitted this narration as mursal (disconnected). This narration serves as evidence for the permissibility of drawing lots to establish paternity. Drawing lots is utilized in manumitting slaves, when two testimonies are equal, regarding sending women on journeys, and in distributing inheritances.
This hadith provides evidence that multiple fathers cannot be assigned to a child. Ishaq ibn Rahuya states that drawing lots is a sunnah (recommended practice) in establishing paternity. This was also the earlier opinion of Ash-Shafi’i.
It is narrated from Abdullah bin Khalil (may Allah be pleased with him) that he said:
A woman was brought before Ali ibn Abu Talib (with three men who had united [to acknowledge her as their child]). He related a similar account to the preceding one. There, he did not mention the phrase “give Yemen, the Prophet [peace and blessings upon him], and the child with good pleasure.”