Hadith: He is yours, O ‘Abd ibn Zam‘ah. The child belongs to the owner of the bed, and the stone is for the one who commits illegal sexual intercourse. O Sawdah, cover yourself in front of him. That boy never saw Sawdah uncovered
عن عائشة -رضي الله عنها- قالت: «اختصم سعد بن أبي وقاص، وعبد بن زَمْعَةَ في غلام: فقال سعد: يا رسول الله، هذا ابن أخي عُتْبَة بن أبي وقاص، عهد إلي أنه ابنه، انظر إلى شبهه. وقال عبد بن زَمْعَةَ: هذا أخي يا رسول الله، ولد على فراش أبي من وليدته، فنظر رسول الله -صلى الله عليه وسلم- إلى شبهه، فرأى شبها بينا بعُتْبَة، فقال: هو لك يا عبد بن زَمْعَةَ، الولد للفراش وللعاهر الحجر. واحتجبي منه يا سَوْدَة. فلم ير سَوْدَة قط». [صحيح] - [متفق عليه.] المزيــد ...
‘Ā'ishah (may Allah be pleased with her) reported: Sa‘d ibn Abi Waqqās and ‘Abd ibn Zam‘ah disputed over (the lineage of) a little boy. Sa‘d said: "O Messenger of Allah, this is the son of my brother ‘Utbah ibn Abi Waqqās. He entrusted him to me saying that he was his own son. Just look at him and see whom he resembles." ‘Abd ibn Zam‘ah said: "O Messenger of Allah, he is my brother, as he was born on the bed of my father from his slave girl." The Messenger of Allah (may Allah's peace and blessings be upon him) looked at the boy and saw that he clearly resembled ‘Utbah. Thereupon, he said: "He is yours, O ‘Abd ibn Zam‘ah. The child belongs to the owner of the bed, and the stone is for the one who commits illegal sexual intercourse. O Sawdah, cover yourself in front of him." That boy never saw Sawdah uncovered.” [Sahih/Authentic] - [Al-Bukhari and Muslim]
During the pre-Islamic era, people used to levy taxes on their slave girls' prostitution and when they gave birth to illegitimate children, they used to ascribe the baby to the adulterer if he claimed fatherhood.
‘Utbah ibn Abi Waqqās committed adultery with one of the slave girls of Zam‘ah ibn al-Aswad before Islam. She then gave birth to a baby boy, so ‘Utbah asked his brother Sa‘d to ascribe the boy to his (‘Utbah's) lineage.
After the Conquest of Makkah, Sa‘d saw the boy and recognized him because of the great resemblance between him and his brother ‘Utbah. So, he wanted to ascribe the boy to his lineage.
‘Abd ibn Zam‘ah disputed with him over this. Sa‘d provided his evidence which was that his brother admitted that the boy was his son, and stressed that they resembled each other to a great extent. ‘Abd ibn Zam‘ah replied: "The boy is my brother. He was born by my father’s slave girl."
The Prophet (may Allah's peace and blessings be upon him) looked at the boy and noticed the clear resemblance between him and ‘Utbah. However, he judged that the boy should be attributed to Zam‘ah because the child should belong to the owner of the slave girl. He said: the baby is to be attributed to the owner of the bed, and the adulterer gets loss and failure, and he has no relation to the child. Nonetheless, since he noticed that the boy resembled ‘Utbah, the Prophet (may Allah's peace and blessings be upon him) ordered the boy's sister Sawdah bint Zam‘ah to veil herself before him, as a precautionary and prudent procedure.
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