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Sunan an-Nasai 5404 (Book 49, Hadith 26) #19936
Dispute Over Ownership of Child

SUMMARY: The Prophet (SAW) narrated a story of two women who had a dispute over the ownership of their child. They referred to Prophet Dawud and Sulaiman for judgement, and Sulaiman ruled that the child should be cut in half. The older woman agreed, but the younger woman refused, so he ruled that the child belonged to her.

It was narrated from Abu Hurairah that : The Prophet SAW said: "Two women went out with their two children, and the wolf took one of the children from them. They referred their dispute to Prophet Dawud, peace be upon him, and he ruled that (the remaining child) belonged to the older woman. Then they passed by Sulaiman, peace be upon him, and he said: 'How did he judge between you?' She said: 'He ruled that (the child) belongs to the older woman'. Sulaiman said: 'Cut him in half, and give half to one and half to the other'. The older woman said: 'Yes, cut him in half'. The younger woman said: 'Do not cut him, he is her child'. So he ruled that the child belonged to the woman who refused to let him be cut".
أَخْبَرَنَا الْمُغِيرَةُ بْنُ عَبْدِ الرَّحْمَنِ، قَالَ حَدَّثَنَا مِسْكِينُ بْنُ بُكَيْرٍ، قَالَ حَدَّثَنَا شُعَيْبُ بْنُ أَبِي حَمْزَةَ، عَنْ أَبِي الزِّنَادِ، عَنِ الأَعْرَجِ، عَنْ أَبِي هُرَيْرَةَ، عَنِ النَّبِيِّ قَالَ ‏ "‏ خَرَجَتِ امْرَأَتَانِ مَعَهُمَا وَلَدَاهُمَا فَأَخَذَ الذِّئْبُ أَحَدَهُمَا فَاخْتَصَمَتَا فِي الْوَلَدِ إِلَى دَاوُدَ النَّبِيِّ فَقَضَى بِهِ لِلْكُبْرَى مِنْهُمَا فَمَرَّتَا عَلَى سُلَيْمَانَ عَلَيْهِ السَّلاَمُ فَقَالَ كَيْفَ قَضَى بَيْنَكُمَا قَالَتْ قَضَى بِهِ لِلْكُبْرَى ‏.‏ قَالَ سُلَيْمَانُ أَقْطَعُهُ بِنِصْفَيْنِ لِهَذِهِ نِصْفٌ وَلِهَذِهِ نِصْفٌ ‏.‏ قَالَتِ الْكُبْرَى نَعَمِ اقْطَعُوهُ ‏.‏ فَقَالَتِ الصُّغْرَى لاَ تَقْطَعْهُ هُوَ وَلَدُهَا ‏.‏ فَقَضَى بِهِ لِلَّتِي أَبَتْ أَنْ يَقْطَعَهُ

TOPICS
dispute  *  ownership  *  child  *  judgement  *  qad  *  walad

QUICK LESSONS:
Respect justice and fairness when making decisions regarding children's rights .

EXPLANATIONS:
This hadith is about two women who had a dispute over which one was the rightful owner of their child. They went to Prophet Dawud and he ruled that it belonged to the older woman. Then they went to Prophet Sulaiman and he suggested cutting the child in half as a way of settling their dispute. However, when it came time for them to actually do this, the younger woman refused because she knew that she was not really willing to hurt her own son like this. So instead, Sulaiman decided that since she was not willing for him to be cut in half then it must mean that she was his true mother and so he gave him back to her instead. This story teaches us an important lesson about justice; even if we think something is fair or just on paper, we must also consider how people will feel about it in practice before making our final decision on what is right or wrong. It also shows us how important it is for us all as parents or guardians of children not only protect them from harm but also make sure they are treated fairly by others too!

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