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English translation
2004. It was narrated that 'Aishah said: Ibn Zam'ah and Sa'd (Ibn Abu Waqqas) referred a dispute to the Prophet ﷺ concerning the son of Zam'ah's slave woman. Sa'd said: "O Messenger of Allāh, my brother (Utbah bin Abu Waqqas) left instructions in his will that when I come to Makkah, I should look for the son of the slave woman of Zam'ah and take him into my care." 'Abd bin Zam'ah said: "He is my brother and the son of the slave woman of my father; he was born on my father's bed." The Prophet ﷺ saw that he resembled 'Utbah, and said: "He belongs to you, O 'Abd bin Zam'ah. The child is for the bed.[1] Observe Hijāb before him, O Saudah." (Sahih)
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Commentary
In the pre-Islamic period, a child born because of illegal affairs used to be considered of the same man due to whose affairs it was born. Following the same custom of pre-Islamic Ignorance, Sa'd bin Abu Waqqas wanted to have the guardianship of the child born to a female slave of Zam'ah 'a legal child of his brother'.
Abd bin Zam'ah had the opinion that legally the child was his brother, regardless who the child's real father should be, because he (the child) was a son of the female slave of his father.
The apparent look and facial features showed that the child was born of
Sa'd's brother; but legally, according to the Islamic Shari'ah, he was regarded the brother of Abd bin Zam'ah.
d. It looked clear that the child being a legal brother of Saudah ﷺ was not yet her real blood brother, so the Messenger of Allāh ﷺ told the mother of the Believers 'Saudah' to observe Hijāb before him.
