Tafsir Ibn Kathir -> Surah Al-Ahzab -> An Adopted Child should be named after His Real Father |
﴿ط§ط¯ظ’ط¹ظڈظˆظ‡ظڈظ…ظ’ ظ„ط§ظ‘ظ‹ط¨ظژط¢ط¦ظگظ‡ظگظ…ظ’ ظ‡ظڈظˆظژ ط£ظژظ‚ظ’ط³ظژط·ظڈ ط¹ظگظ†ط¯ظژ ط§ظ„ظ„ظ‘ظژظ‡ظگ﴾ (Call them (adopted sons) by their fathers, that is more just with Allah.) This is a command which abrogates the state of affairs that existed at the beginning of Islam, when it was permitted to call adopted sons after the man who adopted them. Then Allah commanded that they should be given back the names of their real fathers, and states that this was more fair and just. Al-Bukhari (may Allah have mercy on him) narrated that `Abdullah bin `Umar said: "Zayd bin Harithah, may Allah be pleased with him, the freed servant of the Messenger of Allah , was always called Zayd bin Muhammad, until (the words of the) Qur'an were revealed: ﴿ط§ط¯ظ’ط¹ظڈظˆظ‡ظڈظ…ظ’ ظ„ط§ظ‘ظ‹ط¨ظژط¢ط¦ظگظ‡ظگظ…ظ’ ظ‡ظڈظˆظژ ط£ظژظ‚ظ’ط³ظژط·ظڈ ط¹ظگظ†ط¯ظژ ط§ظ„ظ„ظ‘ظژظ‡ظگ﴾ (Call them (adopted sons) by (the names of) their fathers, that is more just with Allah.)'' This was also narrated by Muslim, At-Tirmidhi and An-Nasa'i. They used to deal with them as sons in every respect, including being alone with them as Mahrams and so on. Hence Sahlah bint Suhayl, the wife of Abu Hudhayfah, may Allah be pleased with them both, said: "O Messenger of Allah! We used to call Salim our son, but Allah has revealed what He has revealed. He used to enter upon me, but I feel that Abu Hudhayfah does not like that. The Prophet said: آ«ط£ظژط±ظ’ط¶ظگط¹ظگظٹظ‡ظگ طھظژطظ’ط±ظڈظ…ظگظٹ ط¹ظژظ„ظژظٹظ’ظ‡آ» (Breastfeed him and he will become your Mahram. )'' Hence when this ruling was abrogated, Allah made it permissible for a man to marry the ex-wife of his adopted son, and the Messenger of Allah married Zaynab bint Jahsh, the divorced wife of Zayd bin Harithah, may Allah be pleased with him, Allah said: ﴿ظ„ظگظƒظژظ‰ظ’ ظ„ط§ظژ ظٹظژظƒظڈظˆظ†ظژ ط¹ظژظ„ظژظ‰ ط§ظ„ظ’ظ…ظڈط¤ظ’ظ…ظگظ†ظگظٹظ†ظژ طظژط±ظژط¬ظŒ ظپظگظ‰ ط£ظژط²ظ’ظˆظژط§ط¬ظگ ط£ظژط¯ظ’ط¹ظگظٹظژط¢ط¦ظگظ‡ظگظ…ظ’ ط¥ظگط°ظژط§ ظ‚ظژط¶ظژظˆظ’ط§ظ’ ظ…ظگظ†ظ’ظ‡ظڈظ†ظ‘ظژ ظˆظژط·ظژط±ط§ظ‹﴾ (So that (in future) there may be no difficulty to the believers in respect of the wives of their adopted sons when the latter have no desire to keep them) (33:37). And Allah says in Ayat At-Tahrim: ﴿ظˆظژطظژظ„ظژظ€ط¦ظگظ„ظڈ ط£ظژط¨ظ’ظ†ظژط¢ط¦ظگظƒظڈظ…ظڈ ط§ظ„ظ‘ظژط°ظگظٹظ†ظژ ظ…ظگظ†ظ’ ط£ظژطµظ’ظ„ظژظ€ط¨ظگظƒظڈظ…ظ’﴾ (The wives of your sons from your own loins) (4:23). The wife of an adopted son is not included because he was not born from the man's loins. A "foster'' son through breastfeeding is the same as a son born from one's own loins, from the point of view of Shari`ah, because the Prophet said in the Two Sahihs: آ«طظژط±ظ‘ظژظ…ظڈظˆط§ ظ…ظگظ†ظژ ط§ظ„ط±ظ‘ظژط¶ظژط§ط¹ظژط©ظگ ظ…ظژط§ ظٹظڈطظژط±ظ‘ظژظ…ظڈ ظ…ظگظ†ظژ ط§ظ„ظ†ظ‘ظژط³ظژط¨آ» (Suckling makes unlawful as lineage does.) As for calling a person "son'' as an expression of honor and endearment, this is not what is forbidden in this Ayah, as is indicated by the report recorded by Imam Ahmad and the Sunan compilers -- apart from At-Tirmidhi -- from Ibn `Abbas, may Allah be pleased with him, who said: "We young boys of Banu `Abd Al-Muttalib came to the Messenger of Allah at the Jamarat; he slapped us on the thigh and said, آ«(ط£ظڈط¨ظژظٹظ’ظ†ظگظٹظ‘ظژ) ظ„ظژط§ طھظژط±ظ’ظ…ظڈظˆط§ ط§ظ„ظ’ط¬ظژظ…ظ’ط±ظژط©ظژ طظژطھظ‘ظژظ‰ طھظژط·ظ’ظ„ظڈط¹ظژ ط§ظ„ط´ظ‘ظژظ…ظ’ط³آ» (O my sons, do not stone the Jamarah until the sun has risen.) This was during the Farewell Pilgrimage in 10 AH. ﴿ط§ط¯ظ’ط¹ظڈظˆظ‡ظڈظ…ظ’ ظ„ط§ظ‘ظ‹ط¨ظژط¢ط¦ظگظ‡ظگظ…ظ’﴾ (Call them by their fathers.) This is concerning Zayd bin Harithah, may Allah be pleased with him. He was killed in 8 AH at the battle of Mu'tah. In Sahih Muslim it is reported that Anas bin Malik, may Allah be pleased with him, said: "The Messenger of Allah said: آ«ظٹظژط§ط¨ظژظ†ظگظٹآ» (O my son.)'' It was also reported by Abu Dawud and At-Tirmidhi. ﴿ظپظژط¥ظگظ† ظ„ظ‘ظژظ…ظ’ طھظژط¹ظ’ظ„ظژظ…ظڈظˆط§ظ’ ط،ظژط§ط¨ظژط§ط،ظژظ‡ظڈظ…ظ’ ظپظژط¥ظگط®ظˆظژط§ظ†ظڈظƒظڈظ…ظ’ ظپظگظ‰ ط§ظ„ط¯ظ‘ظگظٹظ†ظگ ظˆظژظ…ظژظˆظژظ„ظگظٹظƒظڈظ…ظ’﴾ (But if you know not their father's then they are your brothers in the religion and Mawalikum (your freed servants).) Here Allah commands that adopted sons should be given back their fathers' names, if they are known; if they are not known, then they should be called brothers in faith or freed servants, to compensate for not knowing what their real lineage is. When the Messenger of Allah left Makkah after performing his `Umrat Al-Qada', the daughter of Hamzah, may Allah be pleased with her, started following him, calling, "O uncle, O uncle!'' `Ali took her and said to Fatimah, may Allah be pleased with her, "Take care of your uncle's daughter,'' so she picked her up. `Ali, Zayd and Ja`far -- may Allah be pleased with them -- disputed over of which of them was going to take care of her, and each of them gave his reasons. `Ali said, "I have more right, because she is the daughter of my paternal uncle.'' Zayd said, "She is the daughter of my brother.'' Ja`far bin Abi Talib said: "She is the daughter of my paternal uncle and I am married to her maternal aunt -- meaning Asma' bint `Umays.'' The Prophet ruled that she should stay with her maternal aunt, and said: آ«ط§ظ„ظ’ط®ظژط§ظ„ظژط©ظڈ ط¨ظگظ…ظژظ†ظ’ط²ظگظ„ظژط©ظگ ط§ظ„ظ’ط£ظڈظ…آ» (The maternal aunt has the same status as the mother.) He said to `Ali, may Allah be pleased with him, آ«ط£ظژظ†ظ’طھظژ ظ…ظگظ†ظ‘ظگظٹ ظˆظژط£ظژظ†ظژط§ ظ…ظگظ†ظ’ظƒآ» (You belong to me and I belong to you.) He said to Ja`far, may Allah be pleased with him, آ«ط£ظژط´ظ’ط¨ظژظ‡ظ’طھظژ ط®ظژظ„ظ’ظ‚ظگظٹ ظˆظژط®ظڈظ„ظڈظ‚ظگظٹآ» (You resemble me both in your looks and in your attitude.) And he said to Zayd, may Allah be pleased with him, آ«ط£ظژظ†ظ’طھظژ ط£ظژط®ظڈظˆظ†ظژط§ ظˆظژظ…ظژظˆظ’ظ„ظژط§ظ†ظژط§آ» (You are our brother and our freed servant.) This Hadith contains a number of rulings, the most important of which is that the Prophet ruled according to the truth, and that he sought to appease all the disputing parties. His saying to Zayd, may Allah be pleased with him, آ«ط£ظژظ†ظ’طھظژ ط£ظژط®ظڈظˆظ†ظژط§ ظˆظژظ…ظژظˆظ’ظ„ظژط§ظ†ظژط§آ» (You are our brother and our freed servant.) is as Allah says in this Ayah: ﴿ظپظژط¥ظگط®ظˆظژط§ظ†ظڈظƒظڈظ…ظ’ ظپظگظ‰ ط§ظ„ط¯ظ‘ظگظٹظ†ظگ ظˆظژظ…ظژظˆظژظ„ظگظٹظƒظڈظ…ظ’﴾ (your brothers in faith and your freed servants. ) Then Allah says: ﴿ظˆظژظ„ظژظٹظ’ط³ظژ ط¹ظژظ„ظژظٹظ’ظƒظڈظ…ظ’ ط¬ظڈظ†ظژط§طظŒ ظپظگظٹظ…ظژط¢ ط£ظژط®ظ’ط·ظژط£ظ’طھظڈظ…ظ’ ط¨ظگظ‡ظگ﴾ (And there is no sin on you concerning that in which you made a mistake,) meaning, if you call one of them after someone who is not in fact his father, by mistake, after trying your best to find out his parentage, then Allah will not attach any sin to this mistake. This is like the Ayah in which Allah commands His servants to say: ﴿ط±ظژط¨ظ‘ظژظ†ظژط§ ظ„ط§ظژ طھظڈط¤ظژط§ط®ظگط°ظ’ظ†ظژط¢ ط¥ظگظ† ظ†ظ‘ظژط³ظگظٹظ†ظژط¢ ط£ظژظˆظ’ ط£ظژط®ظ’ط·ظژط£ظ’ظ†ظژط§﴾ (Our Lord! Punish us not if we forget or fall into error) (2:286). It was reported in Sahih Muslim that the Messenger of Allah said: آ«ظ‚ظژط§ظ„ظژ ط§ظ„ظ„ظ‡ظڈ ط¹ظژط²ظ‘ظژ ظˆظژط¬ظژظ„ظ‘ظژ: ظ‚ظژط¯ظ’ ظپظژط¹ظژظ„ظ’طھآ» (Allah says, "Certainly I did (so).'') In Sahih Al-Bukhari, it was recorded that `Amr bin Al-`As, may Allah be pleased with him, said: "The Messenger of Allah said: آ«ط¥ظگط°ظژط§ ط§ط¬ظ’طھظژظ‡ظژط¯ظژ ط§ظ„ظ’طظژط§ظƒظگظ…ظڈ ظپظژط£ظژطµظژط§ط¨ظژ ظپظژظ„ظژظ‡ظڈ ط£ظژط¬ظ’ط±ظژط§ظ†ظگطŒ ظˆظژط¥ظگظ†ظگ ط§ط¬ظ’طھظژظ‡ظژط¯ظژ ظپظژط£ظژط®ظ’ط·ظژط£ظژ ظپظژظ„ظژظ‡ظڈ ط£ظژط¬ظ’ط±آ» (If the judge makes Ijtihad and reaches the right decision, he will have two rewards; if he makes Ijtihad and reaches the wrong decision, he will have one reward.) In another Hadith: آ«ط¥ظگظ†ظ‘ظژ ط§ظ„ظ„ظ‡ظژ طھظژط¹ظژط§ظ„ظ‰ ط±ظژظپظژط¹ظژ ط¹ظژظ†ظ’ ط£ظڈظ…ظ‘ظژطھظگظٹ ط§ظ„ظ’ط®ظژط·ظژط£ظژ ظˆظژط§ظ„ظ†ظ‘ظگط³ظ’ظٹظژط§ظ†ظژ ظˆظژظ…ظژط§ ظٹظڈظƒظ’ط±ظژظ‡ظڈظˆظ†ظژ ط¹ظژظ„ظژظٹظ’ظ‡آ» (Allah will forgive my Ummah for mistakes, forgetfulness and what they are forced to do.) And Allah says here: ﴿ظˆظژظ„ظژظٹظ’ط³ظژ ط¹ظژظ„ظژظٹظ’ظƒظڈظ…ظ’ ط¬ظڈظ†ظژط§طظŒ ظپظگظٹظ…ظژط¢ ط£ظژط®ظ’ط·ظژط£ظ’طھظڈظ…ظ’ ط¨ظگظ‡ظگ ظˆظژظ„ظژظ€ظƒظگظ† ظ…ظ‘ظژط§ طھظژط¹ظژظ…ظ‘ظژط¯ظژطھظ’ ظ‚ظڈظ„ظڈظˆط¨ظڈظƒظڈظ…ظ’ ظˆظژظƒظژط§ظ†ظژ ط§ظ„ظ„ظ‘ظژظ‡ظڈ ط؛ظژظپظڈظˆط±ط§ظ‹ ط±ظ‘ظژطظگظٹظ…ط§ظ‹﴾ (And there is no sin on you concerning that in which you made a mistake, except in regard to what your hearts deliberately intend. And Allah is Ever Oft-Forgiving, Most Merciful.) meaning, the sin is on the person who deliberately does something wrong, as Allah says elsewhere: ﴿ظ„ط§ظ‘ظژ ظٹظڈط¤ظژط§ط®ظگط°ظڈظƒظڈظ…ظڈ ط§ظ„ظ„ظ‘ظژظ‡ظڈ ط¨ظگط§ظ„ظ‘ظژظ„ط؛ظ’ظˆظگ ظپظگظ‰ ط£ظژظٹظ’ظ…ظژظ€ظ†ظگظƒظڈظ…ظ’﴾ (Allah will not call you to account for that which is unintentional in your oaths) (2:225). Imam Ahmad narrated from Ibn `Abbas that `Umar said: "Allah sent Muhammad with the Truth and revealed to him the Book. One of the things that was revealed in it was the Ayah of stoning, so the Messenger of Allah stoned ﴿adulterers﴾ and we stoned ﴿them﴾ after he died.'' Then he said, "We also used to recite, `Do not attribute yourselves to anyone other than your fathers, for this is disbelief, to attribute yourselves to anyone other than your fathers.''' The Messenger of Allah said: آ«ظ„ظژط§ طھظڈط·ظ’ط±ظڈظˆظ†ظگظٹ ظƒظژظ…ظژط§ ط£ظڈط·ظ’ط±ظگظٹظژ ط¹ظگظٹط³ظژظ‰ ط§ط¨ظ’ظ†ظڈ ظ…ظژط±ظ’ظٹظژظ…ظژ ط¹ظژظ„ظژظٹظ’ظ‡ظگ ط§ظ„طµظ‘ظژظ„ظژط§ط©ظڈ ظˆظژط§ظ„ط³ظ‘ظژظ„ظژط§ظ…ظڈطŒ ظپظژط¥ظگظ†ظ‘ظژظ…ظژط§ ط£ظژظ†ظژط§ ط¹ظژط¨ظ’ط¯ظڈط§ظ„ظ„ظ‡ظگطŒ ظپظژظ‚ظڈظˆظ„ظڈظˆط§: ط¹ظژط¨ظ’ط¯ظڈظ‡ظڈ ظˆظژط±ظژط³ظڈظˆظ„ظڈظ‡آ» (Do not exaggerate in praising me as `Isa bin Maryam was praised upon him be peace and blessings. I am just a servant of Allah. Say, "He is His servant and Messenger.'') Or Ma`mar may have said: آ«ظƒظژظ…ظژط§ ط£ظژط·ظ’ط±ظژطھظگ ط§ظ„ظ†ظ‘ظژطµظژط§ط±ظژظ‰ ط§ط¨ظ’ظ†ظژ ظ…ظژط±ظ’ظٹظژظ…آ» (As the Christians praised the son of Maryam. ) This was also narrated in another Hadith: آ«ط«ظژظ„ظژط§ط«ظŒ ظپظگظٹ ط§ظ„ظ†ظ‘ظژط§ط³ظگ ظƒظڈظپظ’ط±ظŒ: ط§ظ„ط·ظ‘ظژط¹ظ’ظ†ظڈ ظپظگظٹ ط§ظ„ظ†ظ‘ظژط³ظژط¨ظگطŒ ظˆظژط§ظ„ظ†ظ‘ظگظٹظژط§طظژط©ظڈ ط¹ظژظ„ظژظ‰ ط§ظ„ظ’ظ…ظژظٹظ‘ظگطھظگطŒ ظˆظژط§ظ„ظ’ط§ط³ظ’طھظگط³ظ’ظ‚ظژط§ط،ظڈ ط¨ظگط§ظ„ظ†ظ‘ظڈط¬ظڈظˆظ…آ» (Three things that people do are parts of disbelief: slandering a person's lineage, wailing over the dead and seeking rain by the stars.) ﴿ط§ظ„ظ†ظ‘ظژط¨ظگظ‰ظ‘ظڈ ط£ظژظˆظ’ظ„ظژظ‰ ط¨ظگط§ظ„ظ’ظ…ظڈط¤ظ’ظ…ظگظ†ظگظٹظ†ظژ ظ…ظگظ†ظ’ ط£ظژظ†ظ’ظپظڈط³ظگظ‡ظگظ…ظ’ ظˆظژط£ظژط²ظ’ظˆظژط¬ظڈظ‡ظڈ ط£ظڈظ…ظ‘ظژظ‡ظژظ€طھظڈظ‡ظڈظ…ظ’ ظˆظژط£ظڈظˆظ’ظ„ظڈظˆ ط§ظ„ط§ظ‘ظŒط±ظ’طظژط§ظ…ظگ ط¨ظژط¹ظ’ط¶ظڈظ‡ظڈظ…ظ’ ط£ظژظˆظ’ظ„ظژظ‰ ط¨ظگط¨ظژط¹ظ’ط¶ظچ ظپظگظ‰ ظƒظگطھظژظ€ط¨ظگ ط§ظ„ظ„ظ‘ظژظ‡ظگ ظ…ظگظ†ظژ ط§ظ„ظ’ظ…ظڈط¤ظ’ظ…ظگظ†ظگظٹظ†ظژ ظˆظژط§ظ„ظ’ظ…ظڈظ‡ظژظ€ط¬ظگط±ظگظٹظ†ظژ ط¥ظگظ„ط§ظ‘ظژ ط£ظژظ† طھظژظپظ’ط¹ظژظ„ظڈظˆط§ظ’ ط¥ظگظ„ظژظ‰ ط£ظژظˆظ’ظ„ظگظٹظژط¢ط¦ظگظƒظڈظ…ظ’ ظ…ظ‘ظژط¹ظ’ط±ظڈظˆظپط§ظ‹ ظƒظژط§ظ†ظژ ط°ظژظ„ظگظƒظژ ظپظگظ‰ ط§ظ„ظ’ظƒظگطھظژظ€ط¨ظگ ظ…ظژط³ظ’ط·ظڈظˆط±ط§ظ‹ ﴾ (6. The Prophet is closer to the believers than themselves, and his wives are their mothers. And blood relations among each other have closer personal ties in the decree of Allah than the believers and the Muhajirin, except that you do kindness to those brothers. This has been written in the Book.)
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