Hyperactive Come In Akhi

[caburiye1]

لولد للفراش وللعاهر الحجر
which means : if a husband isnt sure if he is father or wife did adultery. the son or daughter is his and the zania will stone her! it's sahiih hadeeth and is very basic knowledge in family courts. but also the husband has a choose to "la3an" means to swear to Allah 4 times and can ask to not be connected to the child.

I have a question about this hadith. Suppose I accept the baby as mine and the wife is stoned. Would this baby become Mahram to my future wife? to My future daughters with my second wife? if she is a girl, Would she be mahram to my me, my sons from my future wife?

[Hyperactive]

first of all the 7ukum and the tafseer this hadeeth goes what we call fiqh al a7kaam " alqiyaas"

but all muslims; shia and sunnah with all madhabs agreed that : the zina kid doesnt take the name of his zani father. cause prophet said : the nasab , only with the firaash hence the nikaah (the only way you can legally father a kid is in nikaah). so if the zania is your wife, you can accept the kid to be yours, or you go to judge and ask to free you from it. it can only take the nasab of the wife's husband. or if you reject, will take his mother's name and her nasab.

i just want to mention the old madhab of imam shafi'i before he changed to his new one, he said ; if the zani father and zania agree is their child, the zani father can give his nasab his name) but imam shafi'i changed whole his madhab and agreed with other madhabs.

to answer your question , yes will be like blood son.

[Hyperactive]

ps; what i wrote is in tafseer alqurtubi, book 5th. i dont know if there is english online. you can look full details about it and cases about it.

[caburiye1]

Jzk Kheir walaalkiis.

[Hyperactive]

just let you if the woman is not married there is disagreement, ibn taimia and ibn qiyam went if the zani father wants the kid and no one else challengin him (be another possible zani father or the woman's family) he cannot claim.

also there is famous cases that woman admitted and the zani father admit it, but the husband had to pay child support and forced to get the kid his name!! if she denied, he could do "la3an" and would be free just cause she admitted he doesnt even have that option. beein the courts years and the husband didnt only loose wife and get a lot of damage. but forced to support a kid not his!!

God helps us all. if you work in courts you just loose all hope sometimes!!