Ascribing the illegitimate child to the adulterer if he confesses his lineage

Posted on November 5, 2013

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Q:  What is the ruling on an illegitimate child whose father confessed his lineage and his mother is not married?

A:  An illegitimate child can not be ascribed to the adulterer.

The Prophet (peace be upon him) said,
“The son is for the bed (i.e. The man on whose bed he was born) and stones (disappointment and deprivation) for the one who has committed illegal sexual intercourse.”
[Al-Bukhari, Sahih, Book on transactions, no. 2218; Muslim, Sahih, Book on breastfeeding, no. 1457; Al-Nasa’y, Sunan, Book on divorce, no. 3487; Abu Dawud, Sunan, Book on divorce, no. 2273; Ibn Majah, Sunan, Book on marriage, no. 2004; Ahmad, Musnad, vol. 6, p. 247; Malik, Al-Muwatta*, Book on judicial decisions, no. 1449; and Al-Darimy, Sunan, Book on marriage, no. 2237]

It is permissible for the adulterer to marry the adulteress after the elapse of `Iddah (woman’s prescribed waiting period after divorce or widowhood) and sincere repentance.

May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.

The Permanent Committee for Scholarly Research and Ifta’
Member / Member / Deputy Chairman / Chairman
`Abdullah ibn Qa`ud / `Abdullah ibn Ghudayyan / `Abdul-Razzaq `Afify / `Abdul-`Aziz ibn `Abdullah ibn Baz

The second question of Fatwa no. 5236

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