How can the hadith, "The child is for the bed, and for the adulterer is the stone," be reconciled with the hadith, "Any woman who brings someone who is not from them into a people, then she is not from Allah in anything," especially concerning issues of attributing the child born of adultery to a married woman? And does this constitute a mixing of lineages or a facilitation of adultery?
If a married woman becomes pregnant as a result of adultery, this does not lead to certainty that the pregnancy is from adultery. Rather, it is merely a suspicion that does not contradict the established principle that "the child belongs to the bed [i.e., the legitimate marital bed]." The more cautious approach in matters of lineage is to affirm it, not to deny it. Therefore, it is not permissible for the husband to deny his child merely based on the possibility that the child is not his. However, if the husband becomes certain or has a strong presumption that the child is not his, he must deny it through li'an (oath of condemnation), for the harm of a child being attributed to other than his father is greater than the harm of uncovering a secret. The husband is advised to retain his wife who has repented from adultery and to comply with the rulings of the , because "the one who repents from a sin is like one who has no sin," and what matters are the proofs and objectives of the Sharia, not the aversion of human nature. The sincerity of the wife's repentance is known by the peace of mind the husband feels regarding her truthfulness.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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