Sunan Abu Dawud

chapter_name of Sunan Abu Dawud is from Chapter No. 1, chapter_name, written by Abu Dawud Al-Sijistani. This chapter contains 000 hadiths, specifically hadiths about The chapter_name. The Sunan Abu Dawud collection encompasses a total of fifty-two chapters and 4800 hadiths.
Chapter Name
Divorce (Kitab Al-Talaq)
Book Name
Sunan Abi Dawud by Abu Dawud Al-Sijistani
Book Writer
Abu Dawud Al-Sijistani
Chapter No
13
Numbers Of Hadith In Chapter
138
Translation
Arabic, english and urdu
Narrated Zayd ibn Arqam: I was sitting with the Prophet صلی ‌اللہ ‌علیہ ‌وسلم. A man came from the Yemen, and said: Three men from the people of the Yemen came to Ali, quarrelling about a child, asking him to give a decision. They had had sexual intercourse with a woman during a single state of purity. He said to two of them: Give this child to this man (the third person) with pleasure. But they (refused and) cried loudly. Again he said to two of them: Give the child to the man (the third person) willingly. But they (refused and) cried loudly. He then said: You are quarrelsome partners. I shall cast lots among you; he who receives the lot, will acquire the child, and he shall pay two-thirds of the blood-money to both his companions. He then cast lots among them, and gave the child to the one who received the lot. The Messenger of Allah صلی ‌اللہ ‌علیہ ‌وسلم laughed so much that his canine or molar teeth appeared.
حَدَّثَنَا مُسَدَّدٌ، ‏‏‏‏‏‏حَدَّثَنَا يَحْيَى، ‏‏‏‏‏‏عَنْ الْأَجْلَحِ، ‏‏‏‏‏‏عَنْ الشَّعْبِيِّ، ‏‏‏‏‏‏عَنْ عَبْدِ اللَّهِ بْنِ الْخَلِيلِ، ‏‏‏‏‏‏عَنْ زَيْدِ بْنِ أَرْقَمَ، ‏‏‏‏‏‏قَالَ:‏‏‏‏ كُنْتُ جَالِسًا عِنْدَ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ، ‏‏‏‏‏‏فَجَاءَ رَجُلٌ مِنْ الْيَمَنِ، ‏‏‏‏‏‏فَقَالَ:‏‏‏‏ إِنَّ ثَلَاثَةَ نَفَرٍ مِنْ أَهْلِ الْيَمَنِ أَتَوْا عَلِيًّا يَخْتَصِمُونَ إِلَيْهِ فِي وَلَدٍ وَقَدْ وَقَعُوا عَلَى امْرَأَةٍ فِي طُهْرٍ وَاحِدٍ، ‏‏‏‏‏‏فَقَالَ لِاثْنَيْنِ مِنْهُمَا:‏‏‏‏ طِيبَا بِالْوَلَدِ، ‏‏‏‏‏‏لِهَذَا فَغَلَيَا، ‏‏‏‏‏‏ثُمَّ قَالَ لِاثْنَيْنِ:‏‏‏‏ طِيبَا بِالْوَلَدِ، ‏‏‏‏‏‏لِهَذَا فَغَلَبَا، ‏‏‏‏‏‏ثُمَّ قَالَ لِاثْنَيْنِ:‏‏‏‏ طِيبَا بِالْوَلَدِ، ‏‏‏‏‏‏لِهَذَا فَغَلَبَا، ‏‏‏‏‏‏فَقَالَ:‏‏‏‏ أَنْتُمْ شُرَكَاءُ مُتَشَاكِسُونَ، ‏‏‏‏‏‏إِنِّي مُقْرِعٌ بَيْنَكُمْ، ‏‏‏‏‏‏فَمَنْ قُرِعَ فَلَهُ الْوَلَدُ وَعَلَيْهِ لِصَاحِبَيْهِ ثُلُثَا الدِّيَةِ ، ‏‏‏‏‏‏فَأَقْرَعَ بَيْنَهُمْ فَجَعَلَهُ لِمَنْ قُرِعَ، ‏‏‏‏‏‏فَضَحِكَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ حَتَّى بَدَتْ أَضْرَاسُهُ أَوْ نَوَاجِذُهُ.
زید بن ارقم رضی اللہ عنہ کہتے ہیں کہ   میں نبی اکرم صلی اللہ علیہ وسلم کے پاس بیٹھا ہوا تھا اتنے میں یمن کا ایک آدمی آیا اور کہنے لگا: اہل یمن میں سے تین آدمی علی رضی اللہ عنہ کے پاس ایک لڑکے کے لیے جھگڑتے ہوئے آئے، ان تینوں نے ایک عورت سے ایک ہی طہر ( پاکی ) میں جماع کیا تھا، تو علی رضی اللہ عنہ نے ان میں سے دو سے کہا کہ تم دونوں خوشی سے یہ لڑکا اسے ( تیسرے کو ) دے دو، یہ سن کر وہ دونوں بھڑک گئے، پھر دو سے یہی بات کہی، وہ بھی بھڑک اٹھے، پھر دو سے اسی طرح گفتگو کی لیکن وہ بھی بھڑک اٹھے، چنانچہ علی رضی اللہ عنہ نے کہا کہ: تم تو باہم ضد کرنے والے ساجھی دار ہو لہٰذا میں تمہارے درمیان قرعہ اندازی کرتا ہوں، جس کے نام کا قرعہ نکلے گا، لڑکا اسی کو ملے گا اور وہ اپنے ساتھیوں کو ایک ایک تہائی دیت ادا کرے گا ، آپ نے قرعہ ڈالا اور جس کا نام نکلا اس کو لڑکا دے دیا، یہ سن کر رسول اللہ صلی اللہ علیہ وسلم ہنسے یہاں تک کہ آپ کی ڈاڑھیں یا کچلیاں نظر آنے لگیں۔

sunan-abu-dawud-2270

Narrated Zayd ibn Arqam: Three persons were brought to Ali (Allah be pleased with him) when he was in the Yemen. They and sexual intercourse with a woman during a single state of purity. He asked two of them: Do you acknowledge this child for this (man)? They replied: No. He then put this (question) to all of them. Whenever he asked two of them, they replied in the negative. He, therefore, cast a lot among them, and attributed the child to the one who received the lot. He imposed two-third of the blood-money (i. e. the price of the mother) on him. This was then mentioned to the Prophet صلی ‌اللہ ‌علیہ ‌وسلم and he laughed so much that his molar teeth appeared.

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sunan-abu-dawud-2271

Khalil or Ibn Khalil said “A woman was brought to Ali bin Abi Talib (may Allaah be pleased with him). She bore a child from intercourse of three persons. The narrator transmitted the rest of the tradition similar to the previous one. But in this version he did not mention “Yemen” and the Prophet صلی ‌اللہ ‌علیہ ‌وسلم and his words “give the child willingly. ”

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sunan-abu-dawud-2272

Aishah wife of the Prophet صلی ‌اللہ ‌علیہ ‌وسلم said “Marriage in pre Islamic times was of four kinds. ” One of them was the marriage contracted by the people today. A man asked another man to marry his relative (sister or daughter) to him. He fixed the dower and married her to him. Another kind of marriage was that a man asked his wife when she became pure from menstruation to send fro so and so and have sexual intercourse with him. Her husband kept himself aloof and did not have intercourse with her till It became apparent that she was pregnant from the man who had intercourse with her. When it was manifest that she was pregnant, her husband approached her if he liked. This marriage was called istibda’ (to utilize man for intercourse for a noble birth). A third kind of marriage was that a group of people less than ten in number entered upon a woman and had intercourse with her. When she conceived gave birth to a child and a number of days passed after her delivery, she sent for them. No one of them could refuse to attend and they gathered before her. She said to them “You have realized your affair. I have now given birth to a child. And this is your son. O so and so. She called the name of anyone of them she liked and the child was attributed to him. A fourth kind of marriage was that many people gathered together and entered upon a woman who did not prevent anyone who came to her. They were prostitutes. They hoisted flags at their doors which served as a sign for the one who intended to enter upon them. When she became pregnant and delivered the child, they got together before her and called for the experts of tracing relationship from physical features. They attributed the child to whom they considered and it was given to him. The child was called his son and he could not deny. When Allah sent Muhammad صلی ‌اللہ ‌علیہ ‌وسلم as a Prophet, he abolished all kinds of marriages prevalent among the people of the pre Islamic times except of the Muslims practiced today.

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sunan-abu-dawud-2273

Aishah said “Saad bin Abi Waqqas and Abd bin Zamah disputed amongst themselves about the (relationship of the) son of the slave girl of Zam’ah and brought the case to the Messenger of Allah صلی ‌اللہ ‌علیہ ‌وسلم. Saad said “My brother ‘Utbah enjoined me that when I came to Makkah I should see the son of the slave girl of Zam’ah and take his possession for that is his son”. Abd bin Zam’ah said “He is my brother, the son of my father’s slave girl having been born on my father’s bed”. The Messenger of Allah صلی ‌اللہ ‌علیہ ‌وسلم saw his clear resemblance to ‘Utbah. So he said “The child is attributed to the one on whose bed it is born and the fornicator is deprived of any right (lit. the fornicator will have the stone). Veil yourself from him, Saudah. Musaddad added in his version “he is your brother Abd”.

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sunan-abu-dawud-2274

Amr bin Shuaib on his father's authority said that his grandfather reported: A man got up and said: Messenger of Allah, so-and-so is my son; I had illicit intercourse with his mother in the pre-Islamic period. The Messenger of Allah صلی ‌اللہ ‌علیہ ‌وسلم said: There is no unlawful claiming of paternity in Islam. What was done in pre-Islamic times has been annulled. The child is attributed to the one on whose bed it is born, and the fornicator is deprived of any right.

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sunan-abu-dawud-2275

Rabah said: My people married me to a Roman slave-girl of theirs. I had intercourse with her, and she gave birth to a black (male) child like me. I named it Abdullah. I again had intercourse with her, and she gave birth to a black (male) child like me. I named it Ubaydullah. Then a Roman slave of my people, called Yuhannah, incited her, and spoke to her in his own unintelligible language. She gave birth to a son like a chameleon (red). I asked her: What is this? She replied: This belongs to Yuhannah. We then brought the case to Uthman (for a decision). I think Mahdi said these words. He inquired from both of them, and they acknowledged (the facts). He then said to them: Do you agree that I take the decision about you, which the Messenger of Allah صلی ‌اللہ ‌علیہ ‌وسلم had taken? The Messenger of Allah صلی ‌اللہ ‌علیہ ‌وسلم decided that the child was to attributed to the one on whose bed it was born. And I think he said: He flogged her and flogged him, for they were slaves.

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