Question

Can you share the narration wherein ‘Ali, Ja’far and Zayd (radiyallahu ‘anhum) were debating on who is going to be the guardian of Sayyiduna Hamza’s (radiyallahu ‘anhu) daughter and Rasulullah (sallallahu ‘alayhi wa sallam) said the child would to go Ja’far because the khala (maternal aunt) is also similar to that of a mother?

Answer

Imam Bukhari (rahimahullah) has recorded this as part of a longer narration regarding the peace treaty Nabi (sallallahu ‘alayhi wa sallam) signed with the disbelieves. The part in question is as follows:

“…When Nabi (sallallahu ‘alayhi wa sallam) entered Makkah after the time [restriction imposed] had passed, the [disbelievers] came to ‘Ali (radiyallahu ‘anhu) and said, ‘Say to your companion [Nabi sallallahu ‘alayhi wa sallam], leave, for the time period [agreed to] has lapsed.’ So Nabi (sallallahu ‘alayhi wa sallam) left and the daughter of Hamzah (radiyallahu ‘anhu) followed them saying ‘O my uncle, O my uncle.’ ‘Ali (radiyallahu ‘anhu) took of her, held her hand and told Fatimah (radiyallahu ‘anha), ‘Take your uncle’s daughter.’ ‘Ali, Zayd and Ja’far (radiyallahu ‘anhum) argued regarding [who should take care] of her. ‘Ali (radiyallahu ‘anhu) said: ‘I I have more right to her as she is my uncle’s daughter.’ Ja’far (radiyallahu ‘anhu) said, ‘She is my uncle’s daughter, and her aunt is my wife.’ Zayd (radiyallahu ‘anhu) said, ‘She is my brother’s daughter.’ Nabi (sallallahu ‘alayhi wa sallam) passed the verdict that she should be given to her aunt and said, ‘The aunt is like the mother.’…”

(Sahih Bukhari, Hadith: 2699, 4251. Also see here)

And Allah Ta’ala Knows best.

Answered by: Mawlana Suhail Motala

Approved by: Mawlana Muhammad Abasoomar