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Fatwa CenterMaid gave him and his father sleeping pills and had sex with them while sleeping
Question
We had a maid in our house who used to stay overnight.One day my mother went to her father's house.there was only me,my father and the maid in our house.after dinner we asked the maid to bring water.the maid did and after drinking water me and my father fell asleep in different beds.when I woke up it was 9 am in the morning.i saw we 3 i.e. Father,me,maid lying in the same bed fully naked.i called my father and we both wore our clothes.then we covered the maid with blanket then woke her up.she told that she had done all this by mixing sleeping pills in our water.she also said she took me to dad's room and made us both naked and had sexual intercourse with us.we then drove her away of the house.one month after that she called us to inform that she was pregnant with either my or father's child. She is unmarried.Now my question is 1.Does this child really belongs to us? 2.should we repent as we had zina unknowingly? 3.should we accept the child? 4.do I have to marry her?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and messenger.
If what you mentioned is true and has actually happened, then it is a very strange story that highlights the gravity of having female maids in Muslim homes!
It should be noted that the deeds of a sleeping person are not recorded because he has no control of what happens while sleeping and does not act of his own free will. The Prophet, sallallaahu ‘alayhi wa sallam, said: “The pen has been lifted for three: the sleeping person until he awakens...” Hence, you are not required to repent for what happened.
It should be noted that the child should not be attributed to either of you. In fact, it should be attributed to the mother only because it is an illegitimate child. Moreover, it is impermissible for either of you to acknowledge paternity of the child or accept attributing the child to him if proven to be his biological son.
You are not obliged to marry this woman. However, it is permissible for you to marry her – if you wish – but after she repents from committing Zina and delivers her child.
Allaah Knows best.
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