"Al-Walad li-l-Firāsh" on the Islamic Campaign against "Zinā"

Author(s): Uri Rubin

Source: Studia Islamica , 1993, No. 78 (1993), pp. 5-26
Published by: Brill

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 "AL-WALAD LI-L-FIRASH"
ON THE ISLAMIC CAMPAIGN

AGAINST <<ZINA>(1)

One of the legal utterances attributed to the Prophet

mad is: "al-walad li-.dhib al-firdsh"(2)--'the offspring b
the owner of the bed'. The term "firdsh" denotes the
which legal intercourse takes place between a woman and h
band or master. The utterance means that any child bo
mother (from any intercourse) should be considered as
offspring of her husband or master. More commonly t
ance appears in a somewhat abridged form: "al-wa
firdsh". In this case, the utterance has practically the same
significance, i.e., the offspring belongs to the legitimate spouse of
the mother. Usually, but not alway, (3) this utterance is followed
by the pronouncement: "wa-li-l-' hir al-hajar"--'and the fornica-
tor gets the stone'. (4)
Schacht holds that the firdsh utterance was intended to decide
disputes about paternity which were likely to happen in conditions

(1) A preliminary version of this article was read in Amsterdam, Aug. 1991, in
the Fourth Hadith Colloquium, which was organized by Dr.Wim Raven and Dr.
Daan van Reenen. I am grateful to Dr. Harald Motzki for his useful comments on
that version. Special thanks are due to my student and friend, Avraham Hakim,
for his active assistance with sources and references.

(2) E. g., the tradition of Abfi Hurayra, Bukhari, VIII, 191 (85:18).
(3) Loc. cit.
(4) I.e., he must be subjected to rajm. More common, however, is the inter-
pretation of "al-hajar" in the figurative sense, i.e., "nothing." For both inter-
pretations, see, e.g., Ibn Qutayba, Masa'il, 149; Ibn 'Abd al-Barr, Tamhid, VIII,
195-6; Fath al-bdrf, XII, 31; Milik/Zurqani, IV, 415-6; Lisan, s.v., "'h.r.".

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 6 URI RUBIN

of 'frequency of di
alludes to such a cas
(adduced by Goldziher
ruling is not applied
saying "had not yet
dent. But in this cas
("i'dda") of divorced
will be seen below,
divorce and immedi
that the firdsh utter
and agrees with Gold
this precept. (7) Thi
be seen below, the f
(unsuccessful) campa
recently, Motzki con
himself already foll
out. (8) Conceivable
firdsh tradition is o
examination of the isndds in the Musannaf of 'Abd al-Raz-
ziq. His concentration on this particular source prevented him
from noticing many more important instances in which the firdsh
saying is quoted.
The firdsh tradition seems to deserve further investigation which
may shed light on some hitherto unnoticed aspects of the history of
the sayings attributed to the Prophet Muhammad. Instead of
expanding on provenance and dating, let us begin by a more thor-
ough review of the textual evidence itself. In what follows, the
circulation of the firdsh utterance in the available sources is sur-
veyed, and the specific incidents in which it is implemented are

(5) Schacht, Origins, 181. See also Goldziher, Muslims studies, I, 174, n. 2.
(6) This was already noticed by Motzki in his comments on the first draft of this
article. It should also be noticed that the crucial point in cases of unobserved 'idda
is not the firdsh but rather the period of time which elapsed since the divorce till the
birth of the disputed child. Cf. Shaybini, Hujja, III, 428f. See also Ibn Habib,
Muhabbar, 338-9, where the same case of disputed paternity is decided differently by
each of 'Umar and 'Ali. 'Umar decides in favour of the first husband; those who
support his judgement hold that only 3 months separated between the divorce of the
mother and the birth of her disputed child. 'All decides in favour of the second
husband, and those who support it claim that the child was born 10 months after the
divorce of his mother. On the 'idda see also Hawting, "Waiting period", 430f.
(7) But see Crone, Roman..., 11, where a Jewish rather than a Roman parallel to
the firdsh rule is suggested.
(8) Motzki, 16f.

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 "AL-WALAD LI-L-FIRASH" 7

examined. This should provide more

ical conclusions one may wish to dra

The firdsh utterance is actually a dictum, or a maxim. As such

it falls under the category of the "mathal". (9) It is actually
included in lists of many other amlhdl attributed to Muham-
mad. (10) However, in some amthdl compilations the maxim is
recorded as a non-Prophetic saying, (11) and it is actually implied in
the sources that this mathal was not a novelty of Muhammad. It
is stated that the firdsh dictum was already known in Arabia since
pre-Islamic times. The first to have uttered it is said to have been
the famous amthdl-teller Aktham b. Sayfi. (12)
The sources contain specific legal incidents illustrating how the
Prophet put the firdsh dictum into effect. These illustrations are
very much like the traditions of asbdd al-nuzdl which in the realm
of Quran exegesis, anchor the isolated text of the Quran in various
specific events which are designed to provide each verse with the
missing circumstantial background of its revelation. Originally,
many of the asbdb had nothing to do with the Quranic passages
with which they were linked, and each sabab provided the Quranic
text with a different interpretation.
The same applies to the firdsh dictum. It was incorporated into
various incidents of persons whose fathers are of uncertain iden-
tity. In most of these cases, the mothers are suspected of sexual
immorality. This was often the subject of satirical anec-
dotes. One is about the Companion 'Abdalldh b. IHudhifa who
was known as a jesting fellow. (13) It is related that Muhammad
once offered the Muslims to tell them whatever they wished to
know. 'Abdallah asked sarcastically: 'Who is my father?" His
mother(14) who heard the question was deeply abashed, but
Muhammad dryly confirmed that 'Abdallah's father was Hud-

(9) For which see R. Sellheim, art. "mathal", El (new ed.).

(10) 'Iqd, III, 64.
(11) MaydanT, Majma' al-amthdl, II, 365, no. 4367.
(12) Motzki, 16. To the sources mentioned there add: 'Askari, Awd'il, 49;
Suyfiti, Awda'il, 64. On Aktham see also, M. J. Kister, "Aktham b. Sayfi", EI
(Sec. Ed.).
(13) See Isl'ab, III, 888f. It is interesting to observe that Ibn IHajar in his
Isdba (IV, 57f.) suppressed the humorous aspects in this man's conduct.
(14) Her name was Tamima bint Hurthan. See Isdba, IV, 57.

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 8 URI RUBIN

hafa. This version of the anecdote was circulated on the author-

ity of Anas b. Malik by several Basran Tdbi'd n. (15) Abfl Hurayr
too, appears as a source of the same story. (16) In Kfifan version
Muhammad's response is as sarcastic as the question. He stat

that 'Abdallah's
recites father
the maxim: is indeed,
"al-wlad .Hudhafa,
li-l-firdsh but al-hajar".
wa-li-l-'dhir immediat T

impliesofthat
spring 'AbdallIh is
an anonymous only .Hudhifa's
"'~hir". step-son,
All the isndds of this but the ar
version of
of the Kfifan Abfi W'il (Shaqiq b. Salama, d. 82 A.H.). (17) It
also related by the Kfifan al-Suddi (d. 128 A.H.). (18)
In the context of the story of 'Abdallah b. Hadhafa the le
implication of the firdsh maxim is clear: the son of an uncha
woman always retains the genealogical relationship (nasab) wi
his legal father, in spite of the possibility that he is another ma
offspring. This prevents him from becoming "walad al-zind". (19
Allegations against the morality of mothers were usually m
in connection with inheritance. In this context, too, there are
some specific incidents. They all evolve round sons of slave-
girls. (20) In one of the stories, Muhammad's wife, Zaynad al-Asa-
diyya (daughter of Jahsh), appeals to him for advice as regards a
person born to a slave-girl of her father. The slave-girl is sus-
pected of having conceived her son from another man. Muham-
mad examines the physiognomy of the son, and realizes that he is
not the offspring of Zaynab's father (who is already dead), and
states: "inna 1-mfrdtha lahu wa-ammd anti fa-hiajibf minhu"-'he
is entitled to the inheritance, but as for you (i.e., Zaynab), veil

(15) The Basran Humayd al-Tawil (d. 142 A.H.)-Anas: Ahmad, III, 107. The
Basran Thlbit al-Bunani (d. 123 A.H.)-Anas: Ahmad, III, 174. The Basran
QatldaAnas:
from (d. 118)-Anas: Ah.mad,
Ahmad, III, 162. III, 177, 254. There is also a version of al-Zuhri
(16) Abfi Hurayra is quoted by the Medinan Abfi Salama b. 'Abd al-Rahlmin
(d. 95 A.H.). See Ahmad, II, 503.
(17) Ibn Sa'd, IV, 189-90 (the Kfifan al-Mughira b. Miqsam (d. 132 A.H.)-Abu
W5'il. See also Mustadrak, III, 631; Kanz, XI, no. 33588. In other versions of
Abfi W5'il only the isolated dictum is transmitted: Ibn Abi Shayba, IV, 416 (Mug-
hira b. Miqsam-the Kfifan Ibrfhim al-Nakha'i, d. 96 A.H.-AbMi Wi'il); Nasi'i, VI,
181; Ibn Hibbin, Sahih, IX, no. 4104 (the Kfifan Jarir b. 'Abd al-Hamid, d. 188
A.H.-Mughira b. Miqsam-Abfi Wi'il).

(18) See
further, Tabari,
Suyfiti, Tafsfr,
Durr, II, 334f.VII, 53 (the Kfifan Asb.t, d. 200 A.H.-al-Suddi). See
(19) For "walad al-zind", especially in the realm of Shi'i Hadith and Fiqh, see
Kohlberg, "Walad al-zind", 237f.
(20) On the social status of the descendants of slave-girls see Crone, Roman...,
59f.

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 "AL-WALAD LI-L-FIRASH 9

yourself in his presence (i.e., he is no

other words, the right of the slave
legal father is upheld, although he is
tion about this is transmitted by the
who is quoted by the Meccan Abf 1
same Mujahid transmitted also a so
the authority of the Meccan 'Abda
Muhammad's wife, this time is Saw
slave-girl of her father Zam'a is susp
son from another man. (22) Following
physiognomy, Muhammad gives Sa
story about Zaynad ("ammd l-mfrd
hiajibf minhu yd Sawda, fa-innahu
ther the version about Zaynab nor th
firdsh precept. But in a parallel versi
1Th b. al-Zubayr with the same Mujah
included in Muhammad's reply to Saw
affiliation between the slave-girl's son and her dead mas-
ter. (24) In this manner the dictum becomes a ruling against disin-
heritance of the offspring of an unchaste slave-girl.
Problems concerning the legal status of people's progeny born to
unchaste slave-girls were quite common during the first centuries
of Islam, and jurists indeed enforced the firdsh dictum even when
the mother herself confessed to adultery. This was the attitude of

the Meccan
Kfifans. Some'Ata' b. traditionists
Kfifan Abi Rab.h (d. 114 A.H.),
circulated (25) as inwell
a tradition as of the
which
'Uthman decides according to the Prophetic firdsh maxim while
acting as a judge in a case of a slave-girl confessing that her son is
not her husband's. (26) 'Uthman's reliance on this maxim secures

(21) Tabarani, Kabfr, XXIV, no. 734.

(22) The slave-girl was a Yemenite, and her son's name was 'Abd al-Rah-
man. See Mus'ab al-Zubayri, Nasab Quraysh, 421-2. On this 'Abd al-Rahman see
also Isdba, V, 35-6.
(23) Ahmad, IV, 5. See also, ibid., VI, 429; Daraqutni, IV, 240, no. 132 (on the
authority of a mawla of the Zubayr family, instead of Ibn al-Zubayr).
(24) Nas'i, VI, 180-1.
(25) 'Abd al-Razzhq, Musannaf, VII, no. 12381, 12529. Note that the firdsh
rule is adduced as an independent maxim with no reference to Muhammad.
(26) The tradition is transmitted by the Kuifan al-Ilasan b. Sa'd who was the
mawlad of al-IHasan b. 'Ali, on the authority of the Kfifan mawla Rabah al-
Habashi. See Bazzar, II, no. 408; Abi Dawuid, I, 529; Ahmad, I, 59, 65, 69; Bay-
haqi, Sunan, VII, 402-3. Cf. Ibn Abi Shayba, IV, 415; TahIwi, Sharh ma'anf, III,
104; Kanz, VI, no. 15339.

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 10 URI RUBIN

the legal position of t

legal ties of the slave-
intact even if the latter disowns the former before his
death. (27) But the majority of the lawyers held that if
of the firdsh disclaims his slave-girl's offspring, the fird
no longer valid. In this case, the offspring's legal t
owner of the firdsh are severed, and he only remain
offspring of his mother. This is defined as the "sunna"
reportedly espoused by Abfi Hanifa, Abfi Yfisu
Shlfi'i. (28) The Prophet himself was said to have en
disclaiming of sons of adulterous mothers through the
known as "li'ain".(29) Some scholars, like the Me
stressed in accordance with this sunna that the firds
only relevant when the owner of the firdsh and anothe
having a quarrel about the paternity of the slave-girl's
not when the offspring is altogether disclaimed by the o
firdsh. (30) This brings us to the most frequent legal is
the firdsh dictum is enforced, namely, contested patern
Disputes about rights of paternity are quite abund
sources; they are said to have been common in Arabi
Islamic times. (31) Slave-girls used to practice prost
share their profits with their masters, who actually
practice this trade. (32) If they gave birth to a child, va
viduals could lay claim to it as their offspring. This kin
was known as "di 'wa". (33) If the di 'wa was carried t
claimed son assumed the nasab of this "new" father. Occasion-

(27) Tahawi, Sharh ma'dni, III, 104.

(28) Tahawl, Sharh ma'dni, III, 104-5. And see Shafi'i, Ikhtildf al-haddth
(...rmd lam yanfihi rabbu 1-firdsh bi-l-li'dn). See also Nasa'i, VI, 180 (...idh
yanfihi sdhibu i-firdsh); Bayhaqi, Sunan, VII, 402; Fath al-bdri, XII, 30.
(29) The tradition about it was transmitted with the Medinan isndd of M5
180 A.H.)-N~fi' (d. 117 A.H.)-Ibn 'Umar. See Shafi'i, Musnad, 259; Shafi'
tildf al-hadfth, 184, Tahawi, Sharh ma dni, III, 104. Due to the li'dn, the offs
becomes "walad al-mulda'na". For this sort of status cf. Kohlberg, "Wal
zind", 249f.
(30) 'Abd al-Razzaq, Musannaf, VII, no. 12369 (adduced as a Prophetic dic
(31) E. g., M5lik/Zurqani, IV, 412.
(32) The Quran tried to stop this. In 24:33 masters are prohibited fr
constraining their slave-girls to prostitution (...wa-ld lukrihd falaydlik
l-bighd...). And see s.v. "Bighd'" El (new ed., Suppl.).
(33) "Di'wa" should not to be confused with "da 'wd" (= du d', istighd
shi 'dr), i.e., the pre-Islamic battle cry. For the latter see Bukhari, IV, 223
Goldziher, Muslim studies, I, 63f.

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 "AL-WALAD LI-L-FIRASH" 11

ally, the master himself was interested in having his

birth to another man's child, in order to collect the
child in return for disowning it. (34) In the spec
described in our sources, the firdsh dictum is design
the act of di'wa which is a typical outcome of zind
In one of the incidents, the dictum overrides a di '
by al-'Abbas. In a tradition related by the Mecca
(d. 150 A.H.) on the authority of the Medinan 'A
(d. 118 A.H.), (35) it is said that in the J~hiliyya,
paternity were decided by the qasdma (a series of
eye-witnesses). (36) When Muhammad was on his
(10 A.H.), al-'Abbis approached him saying that a
offspring, and asked for qasdma on it. Muhamma
stated instead: "al-walad li-l-firdsh...". This means
of al-'Abbis was denied, and the "fuldn" rem
attached to his mother's legal spouse. In more ve
same tradition of 'Amr b. Shu'ayb, Muhammad's fird
is indeed coupled with the explicit declaration th
di wa in Islam. (37)
On the other hand, however, di'wa was not alwa
ble. It is reported that 'Umar sustained the claim
their "awldd al-Jdhiliyya" (= awldd al-zind). If m
individual laid claim to the same walad, the calip
physiognomists ("al-qdfa"). (38) It is assumed by M
that 'Umar only did so when the diewa was not co
claim of firdsh. (39) Whenever firdsh was pleaded, th
by blood ("nulfa" - sperm) with the real progeni
dated. This is borne out by a tradition in which 'U

(34) See, e.g., the tradition about 'Abdallah b. Ubayy and his s
al-Razzaq, Tafstr, II, 59; Tabari, Tafsfr, XVIII, 103.
(35) 'Abd al-Razzaq, Musannaf, III, no. 5800.
(36) On the qasdma see, Crone, "Qasdma", 153f.
(37) In these versions the event takes place on the conquest o
and the name of al-'Abbas is concealed under the vague "rajul".
I, 529; Ahmad, II, 179, 207; Ibn 'Abd al-Barr, Tamhfd, VIII, 182. Cf. Sa'Id b.
Mansuir, II, no. 2128. A similar story without specific names is related by Mujahid

on the
Cf. authority
Kashf al-astdr, of Ibn1512
II, no. 'Umar. See Ibn
(isolated Hibban,
dictum, .Sahih,
without theXIII, no. 5996 (p. 341).
story).
(38) See, for example, the tradition of the Medinan Sulayman b. Yasar in M5lik/
Zurq~ni, IV, 419; Bayhaqi, Sunan, X, 263; Kanz, VI, no. 15357. Cf. 'Abd al-
Razzaq, Musannaf, VII, no. 13274. 'Ali, however, used to decide by casting lots
(qur'a). See, e.g., Bayhaqi, Sunan X, 266f.; Ibn Bbfiuya, Faqfh, III, 58, no. 3399.
(39) Ibn 'Abd al-Barr, Tamhfd, VIII, 182-3; Malik/Zurq5ni, IV, 420.

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 12 URI RUBIN

an old Arab physiogn

born in the Jahiliyya
to "fuldn", but the fi
but the messenger
firdsh".(40) 'All, too, i
firdsh adjudication up
similar case. (41)
Quarrels about a chil
tween her husband (hi
regulation made the h
could also happen betw
dead after being abse
husband whom the mot
the disputed child was begotten. Abil Hanifa is said to have
relied on the firdsh dictum in favour of the first husband, which
means that for him marriage bond preponderates over sexual inter-
couse. Ibn Abi Layla decided in favour of the second hsuband,
noting that he was not a fornicator, and so did 'Ali'. (43)
A di'wa concerning the offspring of a slave-girl is usually made
when the master is already dead, and the disputed offspring has
become part of the master's estate. In a tradition illustrating this
situation we again meet Muhammad's wife, Sawda. Unlike the
above traditions about her, the following one contains the element
of the di'wa as well. Now the son of her father's slave-girl is not
only suspected by her of being another man's offspring, but a spe-
cific individual actually appears claiming to be the inheritor of the
real progenitor. The claimant is Sa'd b. Abi Waqqas who states
that the slave-girl's son is the offspring of his brother, 'Utba. 'Abd,
the inheritor of Sawda's father, counters the claim, and states that

(40) The tradition is transmitted by the Meccan 'Ubaydallh b. Abi Yazid

(d. 126 A.H.) from his father. See Sa'id b. Mansuir, II, no. 2129; HIumaydi, Mus-
nad, I, no. 24; Ibn Abi Shayba, IV, 415; Shafi'i, Ikhtildf al-hadfth, 184-5; Bayhaqi,
Sunan, VII, 402; Ibn 'Abd al-Barr, Tamhfd, VIII, 193-4; Ibn Hajar, Matdlib, II,
no. 1674; Kanz, VI, no. 15335, 15346. Cf. Abui Ya'la, I, no. 199; Tahawi, Sharh
ma'dnf, III, 104. Cf. also Ahmad, I, 25 (Yazid b. Abi Ziy~d-his father-'Umar-
Muhammad).
(41) The tradition is of the Kfifan al-Hasan b. Sa'd from his father. See
Ahmad, I, 104; Kanz, VI, no. 15340. See also the isolated dictum with the same
isndd: Bazzar, III, no. 816; Kashf al-asltr, II, no. 1510.
(42) 'Abd al-Razzaq, Musannaf, VII, no. 12864 (al-Zuhri); no. 12862
('Ati'. The dictum is adduced as a non-Prophetic maxim); Ibn 'Abd al-Barr,
Tamhfd, VIII, 196 (Malik. The dictum is non-Prophetic).
(43) Shafi'i, Umm, VII, 165. See also Ibn Qudama, Mughnf, IX, 57-8.

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 "AL-WALAD LI-L-FIRASH" 13

the slave-girl's son was born on the firdsh of hi

Zam'a. Muhammad overrules the di"wa of the claimant on the
grounds of the firdsh maxim, and sanctions the affiliation betw
the slave-girl's son and 'Abd. At the same time, he warns Saw
to veil herself in his presence because he is not her brother
blood. (44) The tradition about it is widely current, and is tra
mitted with the Medinan isndd of al-Zuhri (d. 124 A.H.)---'Urwa
al-Zubayr (d. 94 A.H.)--'A'isha.(45)

II

Modern Islamicists have not yet noticed that the firdsh maxim
linked in our sources to the well-known affair of the di ewa of Z
b. Abihi, the skilful administrator from Thaqif. (46) Muslim hist
rians(47) report that in the year 44 A.H., the first Umayyad cali
Mu'5wiya, announced that the person known as Ziyfd b. 'Uba
was the offspring of his own father, Abfi Sufyin, and recognize
him as his collateral relative. Ziyfd's mother was Sumayya,
prostitute married to 'Ubayd, a Roman slave at the household
al-Harith b. Kalada from Thaqif. She was installed at her m
ter's instigation in the "hdral al-baghdyd" in al-Ta'if, in return
paying him a share of her earnings. (48) Mu'awiya based his di' w
of Ziyfd on the evidence of some eye-witnesses who testified th
they had seen Abfi Sufyan come out of the tent of Sumayya, tell

(44) Muhammad's order to Sawda to veil herself in the presence of the slav
girl's son becam the subject of lengthy discussions of the fuqahd'. This order
imply that the son had been born as walad al-zind, yet the Prophet did not depr
him of his legal status. For the various solutions that were suggested, see
'Abd al-Barr, Tamhid, VIII, 186f.
(45) See, e.g., Bukhari, VIII, 191 (85:18); Muslim, IV, 171; 'Abd al-Razzaq,
Musannaf, VII, no. 13818, 13824, Malik/Zurqini, IV, 411, Tayalisi, no. 1444;
Ahmad, VI, 37, 129, 200, 226, 237, 246-7; Shifi'i, Ikhtildf al-hadfth, 184; Ibn Hib-

bin, Sahih.,
Sufyin fromIX, no. 4105;
al-Zuhri doesIbn
not'Abd al-Barr
have: Tamhfd,
"wa-li--'ahir VIII, 178f.
al-hajar". The version
See IHumaydi, of
Mus-
nad, I, no. 238; Diraqutni, IV, 241, no. 133. Cf. Kashf al-astdr, II, no. 1511 (from
'Amir, son of Sa'd b. Abi Waqqis).
(46) On Ziyid see, e.g., Isti~db, II, 523f.
(47) Balidhuri, Ansdb al-ashrdf, IVa, 168-9. See also Mas'fdi, Mur-j, III, 15f.
(quoting Abi 'Ubayda): 'Iqd, V, 4f.; Nahj, XVI, 187 (from al-Madi'ini, d. cir. 225
A.H.). Cf. Tabari, Tdrikh, II, 69f. (V, 214); Shaban, 86.
(48) Mas'fdi, Muraj, III, 15; Ch. Pellat, "al-Hirith b. Kalada", EI (new ed.,
Suppl.). This is not necessarily an "anti-Ummayyad tradition", as suggested by

Pellat. On ibn
al-Hfirith al-.Hirith
Kalada",b.127f.
Kalada and Sumayya see also Hawting, "The biography of

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 14 URI RUBIN

tham about his interc

fore he died, Abfi Suf
son. In addition, a tra
to which Abui Sufyan
that he was Ziyad's pro
Such acts of di'wa seem
yad period. Mu'awiya
Abi Umayya, a succes
refused to comply. (
'Abbad, a pearl-dealer
to be Ziyad's offspring
personality and recogn
Nevertheless, most act
poets ridiculed as fictitious the new nasab assumed by peo-
ple. (52) The case of Ziyad formed no exception. Abfi 'Ubayda
(d. 210 A.H.) reports that the Yamani poet Ibn Mufarrigh (d. 69
A.H.) who suffered from the maltreatment of Ziyad's sons in Khu-
rasan (59 A. H.) composed hija' verses, insinuating that Ziyad's
mother had never seen Abfi Sufyan. He also ridiculed the di'wa
of 'Abbad. (53) When brought before Mu'awiya for interrogation,
Ibn Mufarrigh protested that the hijd' verses were not his. He
named Marwan's brother, 'Abd al-Rahman b. al-Hakam, as their
composer. Mu'awiya was convinced and suspended the pension
of 'Abd al-Raihman. (54) This 'Abd al-Rahman, together with his
brother Marwan and other members of the Umayyad clan,
resented, indeed, Ziyad's di'wa, but eventually they realized its
beneficial results. (55)
Mu'awiya's affiliation of Ziyad was also criticised by officials
whose career in the Umayyad administration had been overshad-
owed by that of Ziyad. 'Abdallah b. 'Amir, a general in the
Umayyad army, accused Ziyad of having defamed his reputation

(49) The isndd is: al-Kalbi-the Medinan/Kfifan Abfi Salih (d. 101 A.H.)-Ibn
'Abbis. See Isit'db, II, 525; Nahj, XVI, 180, 181. The same is also transmitted
from 'Ali by al-Mundhir b. al-Zubayr. See Mus'ab al-Zubayri, Nasab Quraysh,
245; Mas'udi, Muraj, III, 14-5. See also 'Iqd, V, 5, VI, 132.
(50) Ibn Hazm, Jamhara, 386. On Junida see Isdba, I, 502-3.
(51) Nahj, XVI, 193 (Ibn al-Kalbi).
(52) See e.g., Goldziher, Muslim studies, I, 127f.
(53) Tabari, Tdrikh, II, 191f. (V, 317f.). See also Isti'ib, II, 527-8.
(54) Tabari, Tdrikh, II, 194 (V, 320). Cf. Ist'ib, II, 526-7; Mas'fidi, Mur j, III,
17.

(55) See Aghdni, XII, 73.

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 "AL-WALAD LI-L-FIRASH" 15

and of having persecuted his officer

assemble a group of witnesses (qasdma)
had never seen Sumayya. (56) It is also
Kfifa refused to acknowledge the Umayyad nasab of
Ziyad. (57) Ziyad's di'vwa also provoked the disapproval of mem-
bers of his mother's family. One of them was Abfi Bakra (Nufay'

b. al-.Hrith),
Bakra son of Sumayya
stopped speaking andthe
to Ziyad since half brother
latter of Ziyad.
had severed him-(58) Abfu
self from his father, 'Ubayd. Abfi Bakra swore that Abfi Sufyan
had never laid eyes on Sumayya. (59)
Sometimes, unsuccessful attempts were made to evade the accu-
sations against Ziyad by claiming that the woman who had borne
him for Abfi Sufyan was not the prostitute from Thaqif, but
Sumayya bint al-A'war from Tamim. (60)
Ziyfd's di'wa is deprecated in our sources as a violation of two
Prophetic utterances. The first one is what we shall call: 'the
"man idda d" statement. It condemns the adoption of a false
pedigree:
"man idda 'd aban ff 1-isldmi ghayra abfhi ya'lamu annahu ghayru abfhi,
fa-l-jannalu 'alayi hardm"-'He who claims a father in Islam who is not
his (real) father, knowing that he is not his father, shall be barred entrance
to Paradise'.

It is related that following the di'wa of Ziyad, the Basran A

'Uthmfn al-Nahdi (d. 100 A.H.) met Abfi Bakra, Ziyid's
brother, expressed his disapproval of the deed, and told him
Sa'd b. Abi Waqqas had sworn to him that he had heard
Prophet utter the "man idda 'i" statement. Abfi Bakra confir
that he, too, had heard the same statement from Muham-
mad. (61) The "man idda 'd" statement was also said to have been

(56) Baladhuri, Ansdb, IVa, 194 (from al-Mada'ini); Tabari, Tdrfkh, II, 69-70 (V,
214) (from 'Umar b. Shabba).
(57) Tabari, Tdrfkh, II, 70 (V, 214-5).
(58) Abfi Bakra was born on the firdsh of his mother's master, al-HIarith b.
Kalada, but the latter disowned him, then affiliated him to a slave of his named
Masriuh, whom he resembled. Eventually, al-IHarith married Sumayya off to
'Ubayd, on whose firdsh she gave birth to Ziyad. On Abfi Bakra see Balidhuri,
Ansdb, IVa,163; 'Iqd, V, 4; El, new ed., s.v. (Ch. Pellat).
(59) Baladhuri, Ansdb, IVa, 175; Isti'db, II, 526; 'Iqd, V, 12; Nahj, XVI, 188-9
(from al-Jahiz).
(60) Aghdnf, XVII, 69. In Baladhuri, Ansdb al-ashrdf, IVa, 169, she is called
Asma' bint al-A'war.
(61) The tradition about it is related by the Basran Khalid al-Hadhdh5' (d.

A.H.). See Muslim, I, 57; Abfi Ya'l, II, no. 700, 706, 765; Ibn .HibbAn, II, no. 415,

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 16 URI RUBIN

violated by Mu'awiya's attempted di'wa of Junada b. Abi

Umayya. A tradition of Mujahid relates that following this
event, 'Abdallgh b. 'Amr b. al-'As quoted Muhammad's "man
idda'd" statement, thus implying that Junada's attempted di'wa
was made in contravention of it. (62)
The second utterance which is said to have been violated by
Ziyad's di ewa is none other than al-walad li-1-firdsh. This is stated
in some awd'il traditions. The Medinan Sacid b. al-Musayyab
(d. 93-100 A.H.) is said to have stated that Ziyad's di'wa constitu-
ted the first violation known to him of an adjudication of the
Prophet, i.e., Mulhammad's utterance: "al-walad li-l-firdsh wa-li-l-
Wihir al-hajar". (63) A similar statement was made by the Meccan
Sufyan b. 'Uyayna (d. 196 A.H.).(64) Al-IHasan al-Basri (d. 110
A.H.) stated that Mu'awiya had committed three grave sins, one of
which had been the di wa of Ziyad which was enacted in contra-
vention of the Prophetic firdsh dictum. (65) In another tradition of
the Kfifan Shi'i Abfu IshIq al-Sabi'i (d. 126-9), the di'wa of Ziyad
is defined as the "first illness" with which the Arabs were afflicted
(in Islam). (66)
The firdsh dictum is also included in some versions of the corres-
pondence between Ziyfd and al-I;lasan b. 'Ali, in which the latter
protests against Ziyad's persecution of 'All's entourage.(67) One
of the letters of al-Iflasan to Ziyad has just the following clause:
"Al-walad li-l-firdsh wa-li-l-'dhir al-hajar". The addressee is
entitled: "Ziydd b. Sumayya", which means that the Umayyad

416; Ahmad,
al-bdrf, I, 169,
XII, 46. 174, 179-80,
In another V, the
version 38, affair
46; Bayhaqi, Sunan,
of Ziyad VII,
is not 403. Cf.
referred to.Fath.
The
Basran 'Asim b. Sulayman al-Ahwal (d. 141 A.H.) is told by the same Abf 'Uth-
man that he had heard the Prophetic "man idda ~d" statement from Sa'd b. Abi
Waqqas and from Abfi Bakra. See 'Abd al-Razzaq, Musannaf, IX, no. 16310,
16313, 16314; Abfi Dawfid, II, 623; Ibn Abi Shayba, XIV, no. 17897.
(62) The isndd is: the Basran Shu'ba (d. 160 A.H.)-the Kfifan al-Hakam b.
'Utayba (d. 115 A.H.)--Mujahid. See Ahmad, II, 171 (with "fuldn" instead of
Mu'awiya. cf. II, 194); 'Abd al-Razzaq, Musannaf, IX, no. 16317 (the text is cor-
rupt, but Mu'5wiya is mentioned by name); Ibn Abi Shayba, VIII, no. 6156
("Nu'aym b. Abi Umayya" instead of Junida).
(63) The isndd is: the Basran Shu'ba (d. 160 A.H.)-The Medinan Sa'd b. Ibra-
him (d. 125-8 A.H.)-Sa'id b. al-Musayyab. See Ibn 'Abd al-Barr, Tamhid, VIII,
195.

(64) Ibn 'Asakir, Tdrfkh Dimashq, VI, 491: "awwalu hukmin rudda min hukmi
rasdli lldhi (s) al-hukmu f( Ziydd".
(65) Nahj, XVI, 193. Cf. Ibn Kathir, Biddya, VIII, 28.
(66) Ibn 'Asikir, Tdrfkh Dimashq, VI, 491.

(67) See e.g., Jih.iz, Baydn, II, 298-9.

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 "AL-WALAD LI-L-FIRASH" 17

nasab of Ziyhd is false. (68) In another l

caliph al-Mahdi, dated 159 A.H., Ziyh
violation of the Kitdb and the Sun
Muhammad, as well as the "man idda '
and an instruction is given to restore th
of Ziyad. (69)

III

The material surveyed thus far leads to the conclusion that

basic function of the firdsh maxim should be comprehended aga
the background of the di'wa. This procedure was the product
society beset by frequent disputes about paternity, and by
repeated changes of people's nasab as a result of their wish to
improve their social status. Already in pre-Islamic times many
individuals of low or non-Arab descent sought to be recognized as
the descendants of honourable Arabs, especially from Quraysh, (70)
and many Arabs tried to adopt the sons of prostitutes with whom
they have intercourse, or were forced to adopt them, either by the
prostitutes themselves or by the physiognomists. (71) The young
Islamic society apparently preserved these norms, and there is

explicit Quranic
lifetime, efforts evidence
were made that alreadythe
to uproot during
di'wa,Muh.ammad's own
one of the most
characteristic resuls of these conditions. (72) In Sfira 33 the Quran
deals with the status of persons who underwent di vwa and became
the sons of those who had claimed to be their fathers. These sons
are entitled: "ad'iyd"' (sing.: "da 1'").(73)
Quran 33: 4 states:

(68) Ibn 'Asikir, Tdr(kh Dimashq, VI, 502 (al-Kalbi). See also Nahj, XVI, 194
(from the Kuffan Sharaqi b. Qutami).
(69) Tabari, Tdrfkh, III, 479f. (VIII, 130f.). Al-Mahdi also forced the descen-
dants of Abu Bakra to abandon the nasab of al-Harith b. Kalada and resume the
status of mawdlf. See Ch. Pellat, "Abfi Bakra" El (new ed.).
(70) On the striving for the nasab of Quraysh see, Kister/Plessner, 164f.
(71) See, e.g., Bukhiri, VII, 19f. (67:36), a tradition about the various kinds of
pre-Islamic nikdh (Zuhri-'Urwa-'A'sha).
(72) On the other hand, however, instead of alleged blood relationship (zind),
di'wa could also be based on hilf alone, being simply an adoption ("tabanni").
Specific names of adopted people are mentioned in the sources (e.g., al-Miqdid b.
al-Aswad). See Fath al-bdrf, XII, 47. It is also noteworthy that the form
"da 'wa", denotes "hilf". See Lisdn, s.v., "d.'.cd".
(73) On the da '" see, e.g., Crone, Roman..., 138, note 170.

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 18 URI RUBIN

"...He (i.e., Allih) did not

(real) sons. This is only

In other words, all ac

void.
In the following verse, the Quran commands concerning the
claimed sons:

"Call them after their fathers",

which means that once the di'wa is repealed, each claimed son
regains his former legitimate nasab.
It follows that both the firdsh maxim and the "man idda i"
statement fit in into the Quranic campaign against the
ditwa. This means that both utterances could very well be in
vogue since Muhammad's days. The "man idda 'a" statement is
actually recorded in the Tafsfr of the above Quranic "anti-di'wa"
verse, (74) and is also said to have been included in a document of
Muhammad ("sahifa") which he left for the Muslims along with
the Quran, and which was believed to have been kept by
'All. (75) Apart from the "man idda 'a" statement, this document
contains a declaration concerning the sacred territory (haram) of
Medina. The latter forms part of the document known as the
"Constitution of Medina". (76)
Moreover, the firdsh dictum itself is said to have once been
included in the Quran, in those parts of it which were believed
lost. The unique tradition about it is related by the Jaziran 'Adi
b. 'Adi (d. 120 A.H.) on the authority of his father ('Adi b. 'Amira)
and his grandfather ('Amira b. Farwa). (77) 'Umr says to Ubayy
b. Ka'b, the famous Quran reader: 'Did we not read in the Book of
Allih: "Severing your lies with your fathers is disbelief'?' (78) He

(74) See, e.g., Jassas, V, 222; Baghawi, IV, 432; Suyfiti, Durr, V, 181, and Cf.
Goldziher, Muslim studies, I, 126. In the asbdb al-nuzal traditions this verse is
linked with the affair of Zayd b. IHritha, where the di'wa is only based on adop-
tion, not on alleged blood relationship.
(75) Ahmad, I, 81. The isndd: the Kfifan al-A'mash (d. 148 A.H.)-the Kfifan
Ibrahim al-Taymi (d. 92 A.H.)--his father (= Yazid b. Sharik).
(76) On this article in the "Constitution", see Rubin, "Constitution", 10f.
(77) Ibn 'Abd al-Barr, Tamhid, IV, 276. Quoted from the Tamhfd in Isaba, IV,
733; Kanz, VI, no. 15372.
(78) "inna 'nlifd' akum min dbd' ikum kufrun bikum" (in Isdbi,. IV, 733 the text
is corrupt).

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 "AL-WALAD LI-L-FIRASH" 19

says: 'Yes, we did'. 'Umar says: 'and d

lost (fT md faqadnd) of the Book of All
li-1-'adhir al-hajar"?' Ubayy says: 'Ye
That there were some portions of div
not included in the 'Uthminic canonical
sible, (79) but we shall never know whet
really part of those portions. It may b
Sara with the anti-di'wa passage (al-A
been as long as Stira 2 (al-Baqara), and
al-rajm"-another severe step against z
indeed corresponds to the message of
also significant that in the above tra
other passage which is said to have b
denounces the di'wa; it deprecates as d
ties with one's father (in favour of a cl
But the history of the firdsh maxim a

by Muh.ammad,
distinguished andits
from even as a suppos
history as a p
served by Schacht, the Quran, canonical
be called the first and foremost basis of early legal the-

(79) Such "lost" passages were later on labelled as "mansakh". Ibn 'Abd al-
Barr has recorded the tradition of 'Adi b. 'Adi under the heading: "md nusikha
khatluhu wa-hukmuhu wa-hifzuhu fa-nussiya". In Ibn al-Jawzi's Nawdsikh (p. 35),
a variant of the same tradition appears under the heading: "md nusikha rasmuhu
wa-baqiya hukmuhu". For the traditions about the lost parts of the Quran see
Burton, Sources, 49f. The author (p. 49) discards the traditions he quotes (not
including the one about the firdsh maxim) as resulting from "an ancient pre-literary
tafsfr which both exerted pressure on the reading of the Kur'an texts and provided
fertile soil for the cultivation of hadith-reports". This seems to be a somewhat
oversimplified evaluation.
(80) This is said to have been told by Ubayy b. Ka'b to Zirr b. Hubaysh. See
'Abd al-Razzaq, Musannaf, VII, no. 13363; Ibn Hibban, X, no. 4428-9; Mustadrak,
II, 415, IV, 359; Tayalisi, no. 540; Bayhaqi, Sunan, VIII, 211; Ahmad, V, 132;
Tabari, Tahdhfb, Musnad 'Umar, II, no. 1226-31; Ibn al-Jawzi, Nawdsikh, 36;
Suyoti, Durr, V, 179. See also Burton, Collection, 80; idem., Sources, 50.
(81) In another version of the tradition of 'Adi b. 'Adi the firdsh maxim is not
mentioned. The only Quranic "lost" passage is: "li targhabd 'an dbd'ikum"-'do
not loathe your fathers'. 'Umar recites it to Zayd b. ThAbit. See 'Abd al-Raz-
zaq, Musannaf, IX, no. 16318; Majma'al-zawd'id, I, 102; Kanz, VI, no. 15371. In
a tradition of al-Zuhri traced back to Ibn 'Abbas, the same lost "verse" ("ld lar-
ghabd 'an dbd'ikum") is included in 'Umar's Khulba. See 'Abd al-Razzaq, Musan-
naf, IX, no. 16311; Bukhari, VIII, 209-10 (86:31, + dyal al-rajm); Ibn al-Jawzi,
Nawdsikh, 35. The report about this "lost" verse was also attributed to Abf
Bakr. See Kanz, VI, no. 15367. This clause also features as a Prophetic hadith
related by Abo Hurayna. See Bukhari, VIII, 194 (85:29); Muslim, I, 57.

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 20 URI RUBIN

ory".(82) Following th
"Sunna" of the Prophe
the caliphs which, as a
prevailing factor durin
Mu'awiya's days, calip
him to put the di'wa o
Quranic anti-di 'wa mes
opposition, the author
autonomous judge starte
calling to establish, or r
of the Prophet as the p
This seems to have s
time. It is reported th
ment of Ziyad's diuwa
which was based on th
hurl (d. 279 A.H.), (84) r
heirs of Sumayya's ma
agreed was Sa'id b. 'Ubay
bint 'Ubayd. The latt
from her husband, al-H1rith b. Kalada. But the son of Sa'id b.
'Ubayd, Yunus b. Sa'id, refused to renounce the rights of succes-
sion which he possessed as the nephew of Sumayya's mistress. He
appeared before Mu'awiya and stated that the Prophet had
decided that the offspring belonged to the firdsh and that the 'ahir
gets the stone, but Mu'5wiya decided that the offspring (i.e.,
Ziy~d) belonged to the 'ahir (i.e., to Abfu Sufyan), and that the
firdsh (i.e. Sumayya's mistress) gets the stone. He went on saying
that Safiyya has manumitted Ziyad (i.e., he had become her
mawld), and (resting on the firdsh precept) contended that even if
Ziyad was Abfu Sufyan's offspring, he still remained his own slave
and mawld. Mu'awiya overrode the objection of Yfinus and
threatened to punish him heavily. In a variant version of the
same report quoted by al-BalidhurI from Ibn al-Kalbi (d. 204
A.H.), Yfinus demands the same, i.e., to be entrusted with Safly-
ya's wald' of Ziyad. (85)

(82) Schacht, Origins, 224.

(83) Crone/Hinds, God's caliph, especially chap. 5: "From caliphal to Prophetic
sunna" (58f.).
(84) Balidhuri, Ansdb al-ashrdf, IVa, 168-9. See also Mas'fidi, Murdj, III, 16.
(85) Balidhuri, Ansdb al-ashrdf, IVa, 169. On wald' as an inherited piece of
property, see Crone, Roman..., 81f.

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 "AL-WALAD LI-L-FIRASH" 21

The report about Yfinus b. Sacid seems to preserve

reflection of contemporary views of those who f
di wa was illegal, and based their stand on the firdsh
the Prophet was believed to have had followed. Th
of this report is supported by the fact that the obje
is purely legal, not religious. This means that as e
the legal precedent of the Prophet was already exist
not yet as binding as the caliphal law.
The specific legal objection to Ziyad's di'wa soo
political as well as a religious opposition which was s
ous circles who seem to have resented the policy of
his officers. This gave the first impetus to the wide
the firdsh dictum as a Prophetic h.adith. Those who
lating it were Syrian traditionists. This is indicate
earliest isndds of this maxim which includes a member of the Mar-
wanids (a mawld of al-Walid b. 'Abd al-Malik).(86) This means
that the objection to Ziyfd's diewa came also from within the
Umayyad clan itself. This has already been seen in the above
reports about the opposition of 'Abd al-Rahman and his brother
Marwin. Some Syrian Tdbi'un who became famous as fuqahd
incorporated the dictum, as well as the "man idda'd" utterance,
into Muhammad's farewell khutba. The Syrian 'Abd al-Rahmin
B. Ghanm (d. 78 A.H.) transmitted his report on the authority of
the Companion 'Amr b. Kharija, (87) and the Syrian Shurahbil b.
Muslim reported his version of the khutba, with the firdsh maxim
and the "man idda 'd" utterance, on the authority of the Compan-
ion Abui Umama. (88)
The circulation of the firdsh maxim spread also to the
IHijaz. The great Meccan faqfh and mufti, 'At' b. Abi Rabah
(d. 114 A.H.) related it on the authority of Ibn 'Abbfs as part of a
proclamation made by Muhammad in Mecca.(sg89) The Meccan

(86) Tabarani,
(87) Quoted Kabir,
from 'AbdXXII, no. 201
al-Rahman by(the
the S.ahadbi is Withila
Syrian Shahr b. al-Asqa').
b. IHawshab (d.
100A.H.). See Ibn Sa'd, II, 183; Ahmad, IV, 186-7, 238-9. In some cases the name
of 'Abd al-Rahman B. Ghann is missing. See 'Abd al-Razzaq, Musannaf, IX,
no. 16306, 16307; Sa'id b. Mansuir, I, no. 428; Tayalisi, no. 1217.
(88) Sa'id b. Mansfir, I, no. 427; 'Abd al-Razzaq, Musannaf, IV, no. 7277, IX,
no. 16308; Tayalisi, no. 1127; Ahmad, V, 267; Dfraqutni, III, 40-1, no. 166; Taba-
rani, Kabfr, VIII, no. 7615. Cf. Tahawi, Sharh ma ani, III, 104. And see also the
tradition of Abu Mas'fid al-Ansfri (= 'Uqba b. 'Amr), in Tabarani, Kabir, XVII,
no. 719.
(89) Daraqutni, II, 142, no. 18. Cf. Tabardni, KabTr, XI, no. 11434.

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 22 URI RUBIN

Mujahid (d. 104 A.H.), t

tic statement, but wi
(isndd mursal). (90) In
Miis5 b. 'Uqba (d. 141 A
Muhammad's adjudica
was circulated among
Al-Hasan al-Basri (d.
demning Ziyfd's di'w
Hanbal, al-Hasan states that he has been informed that Muham-
mad judged according to the firdsh dictum. (92) Eventually, the
dictum was given the form of a hadith with acceptable isndds, (93)
was incorporated into the various cases judged by the Prophet and
the pre-Umayyad caliphs (above, part I), and finally was recog-
nized as one of the most reliable traditions of the Prophet ("...min
asahhi md yurwd 'ani 1-nabt"). (94)
The dictum was also circulated as a Prophetic saying by Shi'i
traditionists. They made it part of the khutba Muhammad deliv-
ered in Ghadir Khumm. A version of this khutba containing the
firdsh dictum as well as the "man idda'ad" utterance, was circu-
lated by the Kiifan Shi'i Abii Ishiq al-Sabi'i (d. 126-9), (95) and was
included in Shi'I compilations. (96) Ziyfd's adversary, al-Hasan b.
'Ali, also appears in one of the isndds of this maxim. (97) It is also
quoted in Shi'i Hadfth compilations on the authority of the Imam

Ja'far al-S.diq (Abfi 'Abdallfh, d. 148 A.H.). (98)

(90) Sa'Id b. Mansir, I, no. 425 ('dhir clause not included).

(91) Ahmad, V, 326f. ('Ubada b. Samit).
(92) Ahmad, II, 492. Al-IHasan is quoted by the Basran 'Awf al-A'rabi (d. 147
A.H.).
(93) Apart from the isndds of the versions already surveyed, there are more
isndds in which the name of Abli Hurayra was incorporated as the Sahdbil but with
no specific legal context. The Basran Muhammad b. Ziyad-Abfi Hurayra: Ibn Abi
Shayba, IV, 415-6; Ahmad, II, 386, 409, 466, 475; Bukharl, VIII, 191 (85:18); Ibn
'Abd al-Barr, Tamhid, VIII, 181; Tahiwi, Sharh ma ani, III, 104. Abfi Rfi'
(= Nufay')--Abfi Hurayra: Ahmad, II, 492. Sa'id b. al-Musayyab and Abu
Salama-Abfi Hurayra: Muslim, IV, 171-2; 'Abd al-Razzaq, Musannaf, VII,
no. 13821; Ahmad, II, 239, 280; Shafi'T, Ikhtildf al-hadfth, 184; Ibn 'Abd al-Barr,
Tamhid, VIII, 181.
(94) Ibn 'Abd al-Barr, Tamhid, VIII, 180-1; Fath al-bdri, XII, 33.
(95) Tabarfni, Kabhr, V, no. 5057 (on the authority of al-Bara' b. 'Azib and
Zayd b. Arqam).
(96) See T1isi, Amdlf, 231.
(97) Majma al-zawd'id, V, 18 (from al-Tabarani's Awsat).
(98) Kulini, VII, 163, no. 1, 3.

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 "AL-WALAD LI-L-FIRASH" 23

The Prophetic "man idda'ad" utteran

spread. It was circulated on the aut
Sahzdba. In Syria, Shahr b. Hawshad
his version on the authority of Ibn 'A
was transmitted in Syria on the autho
(d. 83 A.H.). (00oo) In Mecca, Ibn Jura
the utterance to "a man of the Ansdr
of the Companion Anas b. M5lik was
Sa'id al-Maqburi (d. 123 A.H.). (102) Th
(d. 103 A.H.) circulated the same haddth
Abi Waqqas. (103) In Iraq, a version of
ted by the Kfifan Ibn Jubayr (d. 95 A
back to Jfbir was circulated by th
(d. 125 A.H.).(lo05) Other Basran trad
"man idda 'd" utterance on the authorit
Another Prophetic statement cond
renouncing ("labarru"') one's own nasab
the authority of Abfi Bakr. (107) Thi
transmitted by the Medinan 'Amr b.
authority of his grandfather. (108s)
As soon as the firdsh maxim gained a f
Prophetic dictum based on authoritative
for the rehabilitation of Mu'dwiya f
departed from the Sunna of the Prop

(99) Ahmad, I, 318.

(100) The isndd: the Syrian Hariz b. 'Uthman
al-Wahid b. 'Abdallh--the Syrian 'Abd al-Wahid b. 'Abdallah-the Syrian
Wathila. See Bukhari, IV, 219-20 (61:5).
(101) 'Abd al-Razzaq, Musannaf, IX, no. 16312.
(102) Abfi Dawfid, II, 624.
(103) Bazzar, III, no. 1162.
(104) Abfi Ya'la, IV, no. 2540; Ibn Abi Shayba, VIII, no. 6162; Ibn Hibban, II,
no. 417; Ahmad, I, 328; Tabarani, Awsat, I, no. 565.
(105) Abfi Ya'la, IV, no. 2071.
(106) The isnad: 'Abdallah b. Burayda-the Basran Yahya b. Ya'mar (d. 120-89
A.H.)--the Basran Abfi l-Aswad al-Du'ali (d. 69 A.H.)--Abfi Dharr. See Bukhari,
IV, 219 (61:5); Muslim, I, 57; Ahmad, V, 166; Bayhaqi, Sunan, VII, 403.
(107) The isndd: the Kfifan al-Sari b. Isma'l--the Kfifan Qays b. Abi Hazim (d.
84-98 A.H.)--Aboi Bakr. See Kashf al-asldr, I, 70; Tabarani, Awsatl, III,
no. 2839. See also Kanz, VI, no. 15368-70. Another Kfifan isndd: al-A'mash
(d. 148 A.H.)--'Abdallah b. Murra (d. 100A.H.)--Abi Ma'mar al-Azdi ('Abdallah
b. Sakhbara)--Abfi Bakr. See 'Abd al-Razzaq, Musannaf, IX, no. 16315-6; Ibn
Abi Shayba, VIII, no. 6160.
(108) Ahmad, II, 215.

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 24 URI RUBIN

in a tradition of Ibn
portrayed as a humble
tradition, 'Abdallah b
claimed by Nasr b. al
that the Mawld is th
claim of firdsh is po
argues that the said ma
own father, Khflid. Mu
is immediately asked w
ing Ziyad in which he had disregarded the firdsh pre-

cept. Mu'5wiya answers:

Mu'adwiya"--'the "qad.d'u
judgement of therasuli lldhi khayrun
messenger of Allah min qadd'i
is better
than the judgement of Mu'dwiya!".(109) Such a pronouncement
marks the final replacement of the caliphal law by the "Sunna" of
the Prophet.
Uri RUBIN
(Tel-Aviv University)

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