Hadith 3390

(1) His statement: “He is shared between you; he inherits from both of you, and you both inherit from him,” etc. This indicates that the opinion of physiognomists is not used for lineage or otherwise, as held by the Kufans, al-Thawri, Abu Hanifah, and his companions. Al-Shafi‘i and others cited the hadith of al-Mudliji to establish the validity of physiognomy and ruling by their opinions in attributing a child. If it were not so, the Prophet (ﷺ) would have objected to Mujazziz, saying: “How do you know?” His silence and lack of objection indicate that their opinion leads to a truth that warrants ruling. The Hanafis’ evidence against them is that the Prophet’s (ﷺ) pleasure with Mujazziz’s statement in Aishah’s hadith does not indicate what they assumed about the obligation to rule by physiognomists’ opinions. Usamah’s lineage from Zayd (may Allah be pleased with them) was established before that, and the Prophet (ﷺ) did not need anyone’s opinion. Otherwise, Usamah would not have been attributed to Zayd earlier. The Prophet’s (ﷺ) amazement was at Mujazziz’s accuracy, as one is amazed at someone whose assumption correctly identifies the reality, but it does not necessitate ruling by it. The Prophet (ﷺ) did not object because Mujazziz’s statement did not attempt to establish what was not already established. Allah says: “And do not pursue that of which you have no knowledge” [Qur’an 17:36]. This is summarized in Sharh Ma‘ani al-Athar. Al-Qari said: The hadith of al-Mudliji does not establish lineage by physiognomy; it is only for reinforcement and dispelling suspicion, like when a just witness testifies to seeing the crescent moon, and an astrologer agrees. The astrologer’s opinion is not a standalone proof for affirmation or negation but can reinforce a legal proof. Our evidence is the hadith: “The child belongs to the bed.” The inference is that the definite article and the lam of specification indicate exclusivity. Ibn al-Humam said: If a slave girl is shared between two partners and bears a child, and one claims it, his lineage is established from him, whether in sickness or health, and she becomes his umm walad by agreement, without compensating the partner’s share in solvency or insolvency. If both claim it, his lineage is established from both, and she becomes their umm walad, serving each one day. If one dies, she is freed, and the son inherits from both as a full son, and they inherit from him as one father. If one dies, the son’s entire inheritance goes to the surviving one. This is our view, as held by al-Thawri and Ishaq ibn Rahawayh. Al-Shafi‘i held this in his old opinion. Ahmad preferred the hadith of physiognomy, and it is said to be used if physiognomists are absent. Al-Shafi‘i said to refer to the physiognomist’s opinion, and if none is found, the matter is deferred until the child reaches maturity and chooses one. If he does not choose, his lineage remains deferred, not established except from his mother.

(2) His statement: In a narration by al-Bayhaqi, etc. This is stated in al-Binayah.

(۲) قوله: وفي رواية للبيهقي إلخ : كذا في «البناية».