"The Prophet (s.a.w) gave a Khutbah upon his she-camel, while I was under the front of her neck, and she was chewing her curd, with her saliva dripping between my shoulders. I heard him saying: 'Indeed Allah, Most Blessed and Most High, has given the right due to everyone deserving a right. So there is no will for an heir, the child is for the bed, and for the fornicator is the stone.'"
Hadith Commentary: Jami` at-Tirmidhi 2121
This narration from Chapters On Wasaya (Wills and Testament) in Jami' at-Tirmidhi contains profound legal and ethical guidance delivered by the Prophet Muhammad (peace be upon him) during a sermon.
Context and Setting
The hadith is narrated by Abu Umamah al-Bahili, who describes being physically close to the Prophet's she-camel during the sermon. This intimate setting emphasizes the authenticity and direct transmission of these teachings.
The camel chewing its curd and dripping saliva illustrates the natural, unceremonious environment in which divine guidance was delivered, showing that prophetic teachings occurred in everyday situations.
"No Will for an Heir"
This principle establishes that one cannot make a bequest to an heir beyond their fixed share in Islamic inheritance law. The fixed shares allocated in the Quran (in Surah an-Nisa) represent divine justice and cannot be altered through testamentary wishes.
Scholars explain this prevents favoritism and ensures equitable distribution among all heirs according to Allah's wisdom. Wills are only permissible for non-heirs or charitable purposes up to one-third of the estate.
"The Child is for the Bed"
This establishes the legal principle of legitimacy in Islamic law. A child born within a valid marriage is attributed to the husband, protecting lineage and family structure.
This ruling prevents disputes about paternity and ensures children's rights to inheritance, maintenance, and proper lineage are protected according to Islamic family law.
"For the Fornicator is the Stone"
This means the child born from unlawful relations (zina) cannot be attributed to the biological father for legal purposes. The term "stone" symbolizes deprivation and lack of legal connection.
This ruling preserves the sanctity of marriage and protects societal structure, though scholars emphasize the child themselves is innocent and retains other rights in Islamic law.
Legal and Ethical Implications
These three principles collectively establish fundamental Islamic laws regarding inheritance, lineage, and family structure. They demonstrate Allah's comprehensive justice in assigning rights to all parties.
The hadith emphasizes that divine law has predetermined rights and responsibilities, and human beings cannot arbitrarily alter these established boundaries through personal preferences or testamentary arrangements.