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Musannaf Ibn Abi Shaybah 29493

✧ Regarding a man who marries a woman and she comes with a child before he has intercourse with her

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حَدَّثَنَا جَرِيرٌ عَنْ مُغِيرَةَ عَنْ حَمَّادٍ

فِي الرَّجُلِ يَغِيبُ عَنِ امْرَأَتِهِ وَلَمْ يَدْخُلْ بِهَا، فَتَجِيءُ بِحَمْلٍ أَوْ بِوَلَدٍ، قَالَ: إِنْ كَانَتْ غَيْبَتُهُ بِأَرْضٍ بَعِيدَةٍ لَمْ تُصَدَّقْ، وَيُقَامُ عَلَيْهَا الْحَدُّ، وَإِنْ كَانَ فِي أَرْضٍ قَرِيبَةٍ يَرَوْنَ أَنَّهُ يَأْتِيهَا سِرًّا صُدِّقَتْ بِالْوَلَدِ أَنَّهُ مِنْ زَوْجِهَا

Translation

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Regarding a man who is absent from his wife and has not consummated the marriage with her, and then she brings a pregnancy or a child. He said: 'If his absence was in a distant land, she is not believed and the hadd is enforced upon her. If he was in a nearby land, and they think he would come to her secretly, she is believed regarding the child, that it is from her husband.'

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