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English translation
3514. It was narrated that 'Aishah said: "Sa'd bin Abî Waqqâs and 'Abd bin Zam'ah disputed over a boy. Sa'd said: 'O Messenger of Allâh! This is the son of my brother 'Utbah bin Abî Waqqâs, who made me promise to look after him because he is his son. Look at whom he resembles.' 'Abd bin Zam'ah said: 'He is my brother who was born on my father's bed to his slave woman.' The Messenger of Allâh ﷺ looked to determine at whom he resembled, and saw that he resembled 'Utbah. He said: 'He is for you O 'Abd! The child is the bed's and for the fornicator is the stone. Veil yourself from him, O Sawdah bint Zam'ah.' And he never saw Sawdah again." (Sahîh)
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Commentary
1. The disputed child was born to the slave woman of Zam'ah. In fact he was fathered by Utbah. During the period of ignorance (Jahiliyyah), children born adulterously to slave-girls were attributed to the claiming adulterer. The claim made by Sa'd had its roots in the custom of the past. But Islam ended this ignominious practice, so that now the child shall not be attributed to the adulterer. If the husband of the woman, or her owner makes no denial, the child will be considered his. If he negates, the child shall be attributed to the mother who has given it birth.
2. Allâh's Messenger's ﷺ wife Sawdah was also the daughter of Zam'ah. On account of this relation, the child was in a way, her brother. But since he was in reality fathered by Utbah, Sawdah was commanded to observe Hijâb from him, in spite of his being a blood brother to her, because he was not a legitimate brother. This dispute had taken place at the time of the Conquest of Makkah.
