The Messenger of Allah [SAW] said: "Two women went out with two children of theirs, and the wolf attacked one of them and took her child. The next day they referred their dispute over the remaining child to Dawud, peace be upon him, and he ruled that (the child) belonged to the older woman. Then they passed by Sulaiman and he said: 'What is your story?' So they told him. He said: 'Bring me a knife and I will cut him in half (to be shared) between you.' The younger one said: 'Will you cut him in half?' He said: 'Yes.' She said: 'Do not do that; I will give my share of him to her.' He said: 'He is your child' and he ruled that he belonged to her."
The Book of the Etiquette of Judges - Sunan an-Nasa'i 5403
The Messenger of Allah [SAW] said: "Two women went out with two children of theirs, and the wolf attacked one of them and took her child. The next day they disputed over the remaining child to Dawud, peace be upon him, and he ruled that (the child) belonged to the older woman. Then they passed by Sulaiman and he said: 'What is your story?' So they told him. He said: 'Bring me a knife and I will cut him in half (to be shared) between you.' The younger one said: 'Will you cut him in half?' He said: 'Yes.' She said: 'Do not do that; I will give my share of him to her.' He said: 'He is your child' and he ruled that he belonged to her."
Scholarly Commentary
This noble hadith from Sunan an-Nasa'i demonstrates profound wisdom in judicial matters. Prophet Dawud (David) initially judged based on apparent evidence, giving the child to the older woman, perhaps considering her greater capacity for motherhood. However, Prophet Sulaiman (Solomon) employed superior judicial insight by testing the women's true maternal instincts.
The younger woman's willingness to surrender her claim rather than see the child harmed revealed her genuine motherhood. This illustrates that true justice requires penetrating beyond surface evidence to discern inner realities. The ruling teaches judges to employ wisdom (hikmah) and psychological insight when evidence is contradictory.
Scholars note this incident demonstrates the progression of prophetic wisdom and serves as eternal guidance for judges to seek creative solutions that reveal truth while protecting the vulnerable. The mother's natural compassion became the decisive evidence, showing that true justice aligns with human nature (fitrah).
Legal Principles Derived
1. Judicial wisdom may require unconventional methods to uncover truth when evidence is insufficient.
2. The welfare of children takes precedence in custody disputes.
3. A judge's primary duty is to discern truth through any lawful means.
4. Emotional responses can serve as valid indicators of truth in certain circumstances.
5. Judicial rulings should protect the vulnerable from harm.