18 Nasab (Iyali)
18 The Lineage (An-Nasab)
Hikimar Allah ta bayyana cewa mace ce ke da alhakin ɗaukar ciki da haihuwa. Saboda haka, wajibi ne a takaita mace ga aure da namiji ɗaya kawai, kuma an haramta mata auren maza fiye da ɗaya. An haramta mata hakan ne domin kowane mutum ya san wanda yake da alaƙar zuriya da shi. Shari'a ta ɗauki nauyin kafa zuriya, kuma ta bayyana al'amarin a sarari fiye da kowane bayani.
The divine wisdom has required that the woman be the bearer of pregnancy and childbirth. Therefore, the woman needs to be restricted in marriage to one man and she has been forbidden from marrying more than one husband. This has been forbidden to her so that each person will know to whom they are related. The Shar’a has taken upon itself to establish lineage and has clarified the matter in the clearest manner.
Mafi guntuwar lokacin ciki shine watanni shida; a mafi yawan lokuta watanni tara ne, kuma mafi tsawo shine shekaru biyu. Game da miji, idan matarsa ta haifi yaro, yana yiwuwa yaron nasa ne idan ta haife shi bayan fiye da watanni shida daga ranar aure. Saboda haka yaron nasa ne saboda maganar Annabi ﷺ: "Yaro na mallakar wanda gadonsa aka haife shi a kai (Al-walad Lil-firash)." A takaice: Muddin mace tana auren miji kuma ta haifi yaro bayan watanni shida daga aure, tabbas yaron mijin ne.
The shortest duration of pregnancy is six months; in the majority of cases it is nine months and the longest is two years. Regarding the husband, when his wife gives birth to a child, it is possible that it is from Him if she gave birth to it after more than six months from the date of marriage. So it is his child due to the saying of the Prophet: “The child belongs to the one on whose bed it is born (Al-walad Lil-firash).” In short: As long as the woman is married to the husband and she gives birth to a child after six months from marriage, it is definitely the child of the husband.
Sai dai idan matarsa ta haifi yaro bayan watanni shida kuma ya tabbata cewa wannan yaro ba nasa ba ne, to ana halatta masa ya ƙaryata shi bisa wasu sharuɗɗa da dole ne ya cika. Idan waɗannan sharuɗɗa ba su tabbata ba, to babu amfanin ƙaryata yaron. Maimakon haka, yaron yana ci gaba da zama nasa, ko yana so ko bai so ba. Waɗannan sharuɗɗan su ne:
However, when his wife gives birth to a child after six months and He is sure that this child is not his, then it is allowed for Him to disown it according to certain conditions which He must fulfil. If these conditions are not confirmed then there is no point in Him disowning it. Rather the child remains his, whether He wants it or not. These conditions are:
Na farko: Yaron da ya ƙi amincewa da shi a matsayin nasa dole ne a haife shi yana raye. Ba zai iya ƙin nasabar yaron ba idan an haife shi matacce, domin babu wata dokar Ubangiji da ta shafi ƙin amincewa da yaron da aka haifa matacce.
First: The child that He disowns as his must be born alive. He cannot disown the lineage of the child if it is born dead because there is no divine rule pertaining to the disowning of a still born child.
Na biyu: Ba ya riga ya amince, ko a fili ko a fakaice, cewa yaron nasa ne. Idan ya amince a fili ko a fakaice ta hanyar alama cewa yaron nasa ne, to bayan haka ba zai halatta a gare shi ya musanta nasabar yaron zuwa gare shi ba.
Second: He has not already acknowledged, either explicitly or implicitly, that it is his child. If He has acknowledged explicitly or implicitly by indication that the child is his, then after that it will not be valid for Him to disown its lineage to Him.
Na uku: Cewa nesanta yaro ya kasance a takamaiman lokuta da takamaiman yanayi. Waɗannan su ne lokacin haihuwa ko lokacin sayen abubuwan da ake buƙata dominsa, ko lokacin da ya sani cewa matarsa ta haihu idan yana wajen gida. Ba za a iya ƙin nasabar yaro a wasu lokuta ko yanayi ba. Idan matarsa ta haifi ɗa sannan ya yi shiru, bai ƙi shi ba duk da yana da damar yin hakan, to nasabar yaron tana komawa gare shi, kuma ba zai sake da hakkin ƙinsa ba bayan haka. Zaɓin yana dogara ne ga wurin da ya samu labarin haihuwar da kuma iyawarsa ta ƙin yaron. Idan ya san game da yaron, kuma yana iya ƙinsa amma bai ƙi shi ba, to nasabar tana tabbata, domin Manzon Allah ﷺ ya ce: "Yaro na mallakin wanda yake a kan gadonsa aka haife shi" (Al-walad lil-firash). Idan ya ce bai san da haihuwar ba, za a iya yarda da maganarsa idan yana wurin da zai sa haihuwar ta ɓoye masa, misali idan yana wani wuri ko wata ƙasa. Hukuncin a wannan yanayi yana gare shi tare da rantsuwarsa, saboda asali bai san ba. Idan ba za a iya gaskata shi ba saboda yana tare da ita a gida, to ba a karɓi maganarsa ba, domin ba zai yiwu a ɓoye masa haihuwar ba. Yana iya cewa, "Na san da haihuwar amma ban san cewa ina da hakkin ƙinsa ba, ko ban san cewa dole ne in ƙi shi nan take ba." Idan al'amarin ba shi da sani ga talakawa gabaɗaya, to ana karɓar wannan magana daga gare shi, domin wannan hukunci ba sananne ba ne ga talakawa. Wannan ya shafi halin mutumin da ya kasance sabon musulmi. Jahilcin kowane hukunci irin wanda ba a sani ba ga mutum kamarsa ana yafe shi, kamar yadda yake a game da sabon musulmi. Idan misalin irin wannan hukunci ba ya ɓoye ga mutum kamarsa ba, to jahilcinsa ba a yafe shi ba.
Third: That the disowning of the child should be at particular times and in particular situations. These are the time of delivery or time of buying the necessary things for it, or the time when He knew that his wife had given birth if He was absent. The lineage of the child cannot be disowned at other than these times and situations. When his wife gives birth to a child and He remains silent, not disowning it even though He had the opportunity to do so, then its lineage is related to Him and He will not have the right to disown it after that. The choice is determined according to the place at which He came to know of and his ability to disown it. If He had known about the child and it was possible for Him to disown it but He did not disown it then its lineage is established because the Messenger of Allah (pbuh) said: “The child belongs to the one on whose bed it is born (Al-walad Lil-firash).” If He claims He did not know about its birth, then it is possible to trust his words if He is at a place that makes the birth concealed to Him; for example, if He was at another place or in another country. The decision in this case is his together with his oath, because originally He does not know. If it is not possible to believe Him because He was with her in the house, his claim is not accepted because it is not possible that it was concealed from Him, it may occur that He says “I knew about its birth but I did not know I had the right to disown it, or I did not know I had to disown it instantly.” If the matter is usually not known to the ordinary people, this saying is accepted of Him because this Hukm is not known by the ordinary people. This is applicable to the situation of a person who had become Muslim recently. The ignorance of any Hukm the like of which is unknown to some one like Him is excused, as is in the case of one who is a new Muslim. If the example of such a Hukm is not unknown to such a person as Him, then his ignorance is not excused.
Na huɗu: Ƙin amincewa da yaron ya kamata a biyo bayan la'ani (Li'aan), ko kuma ya ƙaryata shi ta hanyar la'ani. Ba za a ƙi yaron daga gare shi ba sai dai idan ya ƙaryata shi ta cikakkiyar la'ani.
Fourth: The disowning of the child should be followed by imprecation (Li’aan) or He should disclaim it through imprecation. The child will not be disowned from Him unless He disclaims it through complete imprecation.
Lokacin da sharuddan nan guda huɗu suka cika, sai a ƙaryata nasabar yaron, a kuma danƙa shi ga uwarsa. Ibn Umar ya ruwaito cewa wani mutum ya la'anci matarsa a zamanin Manzon Allah ﷺ, sai aka ƙaryata nasabar ɗanta, sai Manzon Allah ﷺ ya raba tsakaninsu, ya kuma danƙa yaron ga uwarsa. Idan sharuddan ƙaryata nasabar yaron ba su cika ba, to ba a ƙaryata shi ba, kuma nasabarsa tana komawa ga mijin, dukkan hukunce-hukuncen uba kuma suna wajaba a kansa. Wannan idan takaddama game da haihuwar ta samo asali ne daga mijin. Amma idan takaddama tsakanin ma'auratan game da haihuwar ta samo asali ne daga matar, inda ta yi iƙirarin cewa a lokacin zaman aurensu ta haifi yaro daga gare shi, mijin kuwa ya ƙi yarda, har ya ce "ba ki haifa ba", to ita ce ke da alhakin tabbatar da iƙirarinta ta hanyar shaidar mace ɗaya. A wannan yanayi shaidar mace ɗaya ta isa, domin nasaba tana tabbata ta hanyar kasancewar matar aure ce. Haihuwa kuma za a iya tabbatar da ita yadda ya kamata ta hanyar shaidar mace ɗaya wadda ta cika sharuddan shaida.
When these four conditions have been fulfilled, then the child is disowned and given to the wife. Ibn Umar reported that a man imprecated his wife in the time of the Messenger of Allah (pbuh) and her child was disowned so the Messenger of Allah (pbuh) separated them and gave the child to the wife. If the conditions of the disownment of the child are not fulfilled then it is not disclaimed and its paternity is ascribed to the husband and all the rules of fatherhood will be binding on Him. This is if the dispute over the birth originated from the husband. But if the dispute between the spouses over the birth arises from the wife, where she claims during the course of her marital life that she gave birth to a child from Him and the husband rejects it, such that He says 'you did not give birth', then it is up to her to prove her claim by the testimony of a single woman witness. In this case the testimony of a single woman witness is sufficient because the lineage is proven by the woman being his wife. Birth can be correctly proven by a single woman witness who meets the conditions of testimony.