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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.
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.
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.
كن مستفيدا أو مفيدا
أو اسكت بحلم
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umm.khaleel
13-11-2002 @ 12:00 AM
13-11-2002 @ 12:00 AM