The Book on Suckling - Jami' at-Tirmidhi

Hadith Reference: Jami` at-Tirmidhi 1157

Hadith Text

"The child is for the bed, and for the fornicator is the stone."

Scholarly Commentary

This profound hadith establishes the fundamental Islamic principle regarding lineage and paternity. The phrase "the child is for the bed" means that a child born within a valid marriage is attributed to the husband, regardless of any suspicion or circumstantial evidence. This protects the child's lineage, honor, and inheritance rights.

"For the fornicator is the stone" signifies that one who commits unlawful sexual relations receives nothing but hardship and deprivation - symbolized by the stone that yields no benefit. This serves as both a legal ruling and a moral deterrent, emphasizing that illicit relationships bear no legitimate fruits in Islamic law.

Legal Implications

This ruling prevents false accusations against chaste women and protects children from being labeled illegitimate. It establishes that the presumption of legitimacy favors the marital bed, and the burden of proof for disproving paternity rests on the accuser with clear evidence.

The scholars have derived from this that a child born within six months of marriage is attributed to the husband, and the minimum gestation period is recognized as six months in Islamic jurisprudence.