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Posted By Topic: 2 Muslims who have committed Adultery

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tariq.al-harith
14-12-2002 @ 12:00 AM    Notify Admin about this post
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BarakAllahu feekum
Was Salaamu Alaikum Rahmatullahi Wa Barakaatuh
Tariq Al-Harith

This message was edited by tariq.al-harith on 6-8-03 @ 12:34 AM

iamasalafi
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The adulterer wishes to marry his adultress

Question: A man committed adultery with a woman, so is it permissible for him to marry her before she makes towbah (seeks repentance) and what is required of her making towbah? Is it carrying out the prescribed penalty or the towbah that is well known? And if the towbah is to be carried out via the prescribed penalty, then we are in a country where such penalties are not carried out so what is the solution to this issue?

Response: An adultress is not to be married by her adulterer until they both make sincere towbah to Allaah in the manner that is well known. And it is imperative that he keeps away from her until the (marriage) contract with her, so as to find out if she is pregnant from the adultery or not. If it becomes clear that she is pregnant, then he is not to enter the (marriage) contract with her until she gives birth to the child. This is because the child (resulting) from adultery has no relation with the adultery, as the Prophet (sal-Allaahu `alayhe wa sallam) said:

((The child belongs to the owner of the bed (lil-firaash) and the adulterer is to be stoned)).

Shaykh Ibn 'Uthaymeen
Fataawa az-Zawaaj wa 'Ishratun-Nisaa. - Page 15, Fatwa No.116;
Fataawa ash-Shaykh Muhammad Ibn al-'Uthaymeen - Volume 2, Page 779

http://www.fatwa-online.com/fataawa/marriage/interview/0000513_10.htm



Moosaa
14-12-2002 @ 12:00 AM    Notify Admin about this post
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(( وللعاهر الحجر ))

The last part of the translation of the hadeeth should read:

"...and the adulteror gets the stone (ie. nothing)."

See the kalaam of Ibn Hajr along with #6749 of Saheeh Al-Bukhaaree.

Moosaa

********************
سبحانك اللهم وبحمدك
أشهد أن لا إله إلا أنت
أستغفرك وأتوب إليك

tariq.al-harith
14-12-2002 @ 12:00 AM    Notify Admin about this post
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As-Salaamu Alaikum Rahmatullahi wa Barakaatuh

BarakAllahu feekum Iamsalafi, for providing that link. The answer of Shaykh Al-Uthaimeen rahimahullah hit the mark. I had some certainty of the answer but was unsure of the proof. Na'am and I forgot about that particular hadith concerning the "owner of the bed". Again BarakAllahu feekum for your finding the answer and may Allah aza wa jell reward the maintainers of this forum. Ameen.

Was Salaamu Alaikum Rahmatullahi Wa Barakaatuh
Tariq Al-Harith

Moosaa
14-12-2002 @ 12:00 AM    Notify Admin about this post
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some related Q&A's...

QUESTION

According to the hadeeth, "The child is property of the bed, and the fornicator gets the stone," [1] and the hadeeth, "Whoever fornicates with a free woman or a slave, then the child is a child of zinaa, it neither inherits nor does the man inherit from it," [2] is the child of zinaa conidered to be the man's child in any way?

I mean the hadeeth obviously says that there is no inheritance, but can the child of zinaa take the man's name or can he be treated like the man's child in some ways? Is the child considered to have any biological connection to the man in Islaam?

ANSWER by Shaykh Wasee Allaah 'Abbaas, lecturer at the Ka'bah, instructor at Umm Al-Quraa University in Makkah

The child of zinaa is not considered the offspring of the man in any way. He does not take his name. He may not be named "So-and-So, the son of 'Abdullaah (the fornicator)" for example.

The child does not inherit from the man, nor does the man inherit from the child. This is the actual meaning of the hadeeth:

"...and the fornicator gets the stone (i.e. nothing)" [3]

However, if the mother is married or she is a slave whose owner has intercourse with her, then the child is considered the legitimate offspring of them (i.e. the man and his wife or the man and his slave), biologically and Islaamically. In this case, the child gets every right that every other child has, unless, in the case of a slave woman, there is a clear, undoubtable resemblance in the child to the fornicator. In that case, the child, out of piety, should have the other other daughters and wives of his mother's owner cover properly when he is around them. [4]

FOOTNOTES

[1] Saheeh Al-Bukhaaree #6749 (12/38 of Fat-hul-Baaree) and Saheeh Muslim #3598 (5/279 of Sharh An-Nawawee).

[2] Saheeh Sunan At-Tirmithee #2113

[3] Al-Haafith Ibn Hajr (may Allaah have Mercy on him) said, "The 'Arabs say about the one who is deprived: 'For him is the stone' and 'In his mouth is the stone and dust' and the likes. It is also said that "the stone" here means that he is stoned to death. An-Nawawee said it is a weak opinion, as when he is stoned, it does not negate that the child is his. This hadeeth is specifically negating the relationship between the man and the child." See Fat-hul-Baaree (12/43).

[4] An example of this is found in the hadeeth of 'Abd Ibnu Zam'ah referred to in FOOTNOTE [1].

SOURCE

This was translated exclusively for www.bakkah.net from a handwritten answer provided by the shaykh, file no. AAWA013, dated 1423/7/20.

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سبحانك اللهم وبحمدك
أشهد أن لا إله إلا أنت
أستغفرك وأتوب إليك

This message was edited by Moosaa on 12-14-02 @ 6:35 PM

Moosaa
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QUESTION

Is the biological mother of a child of zinaa (a child born from fornication) considered the child's legitimate mother?

ANSWER by Shaykh Wasee Allaah 'Abbaas, lecturer at the Ka'bah, instructor at Umm Al-Quraa University in Makkah

The mother of a child of zinaa is fully recognized as the child's legitimate mother. The child of zinaa gets all normal rights that other children have over their mothers, so she is in fact the child's legitimate mother.

There is no doubt about this in the Sharee'ah, nor is there any doubt about it according to the customs of any people, as they all know she is the one who gave birth to that baby.

SOURCE

This was translated exclusively for www.bakkah.net from a handwritten answer provided by the shaykh, file no. AAWA012, dated 1423/7/20.

********************
سبحانك اللهم وبحمدك
أشهد أن لا إله إلا أنت
أستغفرك وأتوب إليك

Moosaa
14-12-2002 @ 12:00 AM    Notify Admin about this post
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QUESTION

Who is responsible for the education and upbringing of a child of zinaa?

ANSWER by Shaykh Wasee Allaah 'Abbaas, lecturer at the Ka'bah, instructor at Umm Al-Quraa University in Makkah

The one responsible for the upbringing of such a child is the mother and her family. Money can also be taken from Bayt Al-Maal (the Islaamic treasury) for the child's maintenance, since the Sultaan (the Muslim authority) is the one responsible for those who have no direct caretakers.

SOURCE

This was translated exclusively for www.bakkah.net from a handwritten answer provided by the shaykh, file no. AAWA014, dated 1423/7/20.

********************
سبحانك اللهم وبحمدك
أشهد أن لا إله إلا أنت
أستغفرك وأتوب إليك

Moosaa
14-12-2002 @ 12:00 AM    Notify Admin about this post
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QUESTION

Since the daughter of zinaa does not have any relationship with her biological father, can he marry her when she gets older?

ANSWER by Shaykh Wasee Allaah 'Abbaas, lecturer at the Ka'bah, instructor at Umm Al-Quraa University in Makkah

The daughter of zinaa has no relationship at all with her biological father, no inheritance or anything else, except with regards to marriage. If there is any chance that the woman may be his daughter, then marrying her is prohibited. Therefore it is not permissible for the fornicator to marry a woman who is or may be his biological daughter from fornication.

It has been reported that Imaam Ash-Shaafi'ee, may Allaah have Mercy on him, permitted this. However, this is a weak opinion and it is not given any consideration.

SOURCE

This was translated exclusively for www.bakkah.net from a handwritten answer provided by the shaykh, file no. AAWA015, dated 1423/7/20.

********************
سبحانك اللهم وبحمدك
أشهد أن لا إله إلا أنت
أستغفرك وأتوب إليك

Moosaa
14-12-2002 @ 12:00 AM    Notify Admin about this post
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QUESTION

What is your advice to the new Muslims who may feel that the rules pertaining to children of zinaa are harsh or unjust toward an innocent child?

ANSWER by Shaykh Wasee Allaah 'Abbaas, lecturer at the Ka'bah, instructor at Umm Al-Quraa University in Makkah

We say to them that the rulings related to children of zinaa are not harsh nor unjust toward the child, since it is not permissible in Islaam for these children to be neglected by the Muslim government, nor is it permissible for the Muslims in general to neglect their rights. It is not allowed for any of the Muslims to find fault with them for something they did not do themselves.

So then where is the harshness or injustice when the Muslim government and the Muslims themselves have an obligation to raise them with a proper upbringing and give them every opportunity to work and be part of the society like any other Muslim?

SOURCE

This was translated exclusively for www.bakkah.net from a handwritten answer provided by the shaykh, file no. AAWA016, dated 1423/7/20.

********************
سبحانك اللهم وبحمدك
أشهد أن لا إله إلا أنت
أستغفرك وأتوب إليك

tariq.al-harith
14-12-2002 @ 12:00 AM    Notify Admin about this post
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As-Salaamu Alaikum Wa Rahmatullahi Wa Barakaatuh

Al-hamdullilah, BarakAllahu feekum to those who have responded on this thread. All of the questions have been answered except for the last one. What was the rights of the Mother with regard to the affair? Akh Moosa, can you ask one of the mashaykh with regard to this? BarakAllahu feekum.

Was Salaamu Alaikum Rahmatullahi Wa Barakaatuh
Tariq Al-Harith






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