Section: Rulings the Messenger of Allah ﷺ Issued in Mecca

Al-Bukhārī (1) relates: ‘Abd Allāh ibn Maslamah narrated to us, from Mālik, from Ibn Shihāb, from ‘Urwah, from ‘Ā’ishah, from the Prophet ﷺ.

(ḥ) Al-Layth (2) also said: Yūnus narrated to me, from Ibn Shihāb, who informed me that ‘Urwah ibn al-Zubayr reported that ‘Ā’ishah said:

‘Utbah ibn Abī Waqqāṣ instructed his brother Saʿd to take custody of the son of Zamʿah’s slave-woman, saying, “That boy is my son.” When the Messenger of Allah ﷺ entered Mecca at the Conquest, Saʿd ibn Abī Waqqāṣ brought the boy to the Messenger of Allah ﷺ, and ʿAbd ibn Zamʿah came along as well.

Saʿd said, “Messenger of Allah, this is my brother’s son; he entrusted him to me, claiming the child as his.”

ʿAbd ibn Zamʿah replied, “Messenger of Allah, he is my brother. He is the son of Zamʿah, born on his bed.”

The Messenger of Allah ﷺ looked at the boy and found that he resembled ʿUtbah ibn Abī Waqqāṣ more than anyone else. He then said,

“He is yours; he is your brother, ʿAbd ibn Zamʿah, for the child belongs to the bed upon which he is born.”

The Messenger of Allah ﷺ added, “Sawdah, observe the veil from him,” because of the striking likeness to ʿUtbah ibn Abī Waqqāṣ.

Ibn Shihāb related that ‘Ā’ishah said: the Messenger of Allah ﷺ pronounced, “The child goes to the [owner of the] bed, and the adulterer receives the stone.” Ibn Shihāb added: Abū Hurayrah would state this openly.

Al-Bukhārī, Muslim, Abū Dāwūd, and al-Tirmidhī all transmit this narration through Qutaybah, from al-Layth; Ibn Mājah records it through another chain (3). Al-Bukhārī alone relates it from Mālik, from al-Zuhrī.

Al-Bukhārī (4) further reports: Muḥammad ibn Muqātil related to us; ʿAbd Allāh informed us; Yūnus informed us, from Ibn Shihāb, who told me that ‘Urwah ibn al-Zubayr said:

A woman committed theft during the time of the Messenger of Allah ﷺ in the campaign of the Conquest. Her people went in alarm to Usāmah ibn Zayd, seeking his intercession.

‘Urwah said: When Usāmah spoke to the Prophet about her, the face of the Messenger of Allah ﷺ changed colour and he said,

“Are you interceding with me concerning one of the prescribed limits set by Allah?”

Usāmah said, “Seek forgiveness for me, O Messenger of Allah.”

That afternoon the Messenger of Allah ﷺ stood and addressed the people. He praised Allah as He deserves and then said:

“To proceed: the nations before you were destroyed because, when a noble among them stole, they let him go, but when a weak person stole, they carried out the punishment. By Him in Whose hand is the soul of Muḥammad, if Fāṭimah, daughter of Muḥammad, were to steal…”