[Sharh Muwatta Imam Malik – Shaikh Zubair Ali Zai] – Hadith No.41 –:– The Child Belongs to the Owner of the Bed (Father) and The (Married) Person Who Commits illegal Sexual Intercourse (Zina) Will be Stoned to Death

Itihaf ul-Basim Fi Tahqiq Muwatta al-Imam Malik [Talkhis al-Qabisi] Riwayah Abdur Rahman ibn al-Qasim

Tahqiq, Takhrij, Sharh

Muhadith Zubair Ali Zai

Translated Abu Ubaydah
Translated, Checked & Additional Notes
Abu Hibban & Abu Khuzaimah Ansaari

The Child Belongs to the Owner of the Bed (Father) and The (Married) Person Who Commits illegal Sexual Intercourse (Zina) Will be Stoned to Death

[41] And with the same chain of narration that A’isha, the wife of the Prophet (Sallalahu Alayhi Was-Sallam) said, ”Utba Ibn Waqas disclosed to his brother, Sad Ibn Waqas, that he was the father of the son of the slave-girl of Zama, and made him promise to look after him (after his death). In the year of the conquest, Sad took him and said, ‘He is the son of my brother. He covenanted with me about him.’ Abd Ibn Zama stood up and said, ‘He is my brother and the son of my father’s slave-girl. He was born on his bed.’ They went to the Messenger of Allah (Sallalahu Alayhi Was-Sallam). Sad said, ‘Messenger of Allah! He is the son of my brother, he made a covenant with me about him.’ Abd Ibn Zama said, ‘He is my brother and the son of my father’s slave-girl and was born on my father’s bed.’ The Messenger of Allah (Sallalahu Alayhi Was-Sallam) said, ‘He is yours, Abd Ibn Zama.’ Then the Messenger of Allah (Sallalahu Alayhi Was-Sallam) said, ‘A child belongs to the household (where he was born) and the adulterer is stoned.’ Then he told Sawda Bint Zama, ‘Veil yourself from him,’ since he saw in him a resemblance to Utba Ibn Waqas.” A’isha added, “He did not see her (Sawda) until he met Allah, the Mighty, the Majestic!”


Ibn Shihab az-Zuhri clarified hearing (this hadith from Urwa Ibn az-Zubayr) in Bukhari (no.4303)


Al-Muwatta (Yahya’s narration 2/739 hadith no.1488, book 36, chapter 21, hadith no.20) at-Tamhid (8/178), al-Istidhkar: (no.1412)

Transmitted by Bukhari (no.6749) from the hadith of Malik and narrated by Muslim (no.1457) from the hadith of Ibn Shihab az-Zuhri.

It has come in the original from Yahya Ibn Yahya’s narration: Utbah Ibn Waqas and Sa’d Ibn Waqas


1) A man married a woman then after (9 months) the woman gave birth to a boy or girl. This boy or girl has been born from the bed of that man therefore it is established according to this hadith that this boy or girl belongs to this man except if the father denies rejects this or if their is legislated reason for this.

Some people say, “So and so person is the son of so and so man. This proof is found by (him) imitating (the other man)” this saying of these people is false because the proof of the son or daughter is found from this authentic hadith (and other Ahadith). When the nikah is established then the children automatically are established (to be from the parents) who have been born after the nikah from the father’s bed. The meaning of the father’s bed is that so and so is that woman’s husband.

2) Taking precaution and avoiding doubtful things is more virtuous. The Prophet (Sallalahu Alayhi Was-Sallam) said, “Leave what makes you in doubt for what does not make you in doubt.” (Sunan at-Tirmidhi: (no.2518) and its chain is authentic, and Tirmidhi said, “this hadith is authentic” and Ibn Khuzaimah authenticated it: (no.2348) and Ibn Hiban, al-Muwarid: (no.512) and al-Hakim (2/13) and adh-Dhahabi)

3) The Mother of the believers and noble companions (Radi Allahu Anhum) were always submitted and active (prompt, diligent, alert, efficient) in following of the noble Prophet (Sallalahu Alayhi Was-Sallam)

4) Without (unless there is) a Shari’ah right, actions will be done in accordance to all the apparent texts of the Shari’ah.

5) The punishment of zina (illegal sexual intercourse) is rajam (stoning to death) with the condition that the person who has committed zina is married. The hadith, “A child belongs to the household (where he was born) and the adulterer is stoned.” is mutawatir. See Qatful azhar al-Mutanatharah fil akhbar al-mutawatirah (no.82) wa nadhmul mutanathar minal hadith al-mutawatar (no.181). The same way it is also mutawatir that Ma’iz Ibn Malik (Radi Allahu Anhu) was stoned to death because of committing zina. See Qatful azhar (no.83) wa laqtul la ali al mutanatharah fil hadith al mutawatirah (no.47) wa nadhmul mutanathar (no.182) Apart from this there are also a lot more Ahadith therefore it is established that giving the stoning to death punishment for a married person who comitts zina is mutawatir, definite, certain and established from the Ahadith. The denial (rejection) of the punishment of stoning to death by some of the rejecters of hadith is false and rejected. Also see hadith (no.54)


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