What is the opinion of His Excellency Allamah Mansoor Hashemi Khorasani on leasing wombs and human cloning?
Question & Answer
Unfortunately, many Muslim scholars, in their response to this question, have looked only at the basic principles and some of the religious generalities and absolute indications related to marriage and fornication, and they suffice with a superficial and careless look at the subject, like those whom God has rebuked in His Book when He has said: ﴿تَحْسَبُونَهُ هَيِّنًا وَهُوَ عِنْدَ اللَّهِ عَظِيمٌ﴾[1]; “You think it is insignificant, while it is great in the sight of God.” However, the position of His Excellency Allamah Mansoor Hashemi Khorasani, may God Almighty protect him, on it is a distinguished and profound position originated from his excellent knowledge about the essence of Islam, the purposes of Sharia, the elevated interests of rulings, and his being at a higher scholarly level. According to the opinion of this true scholar, the process of procreation and reproduction is the creation of God, the Knower of everything, and one of His ways that are based on His wisdom and mercy and provide for the true interest of the human being and the world; as God Almighty has said: ﴿فَأْتُوهُنَّ مِنْ حَيْثُ أَمَرَكُمُ اللَّهُ﴾[2]; “Then approach those (woman) in the manner God has commanded you,” and said: ﴿يَخْلُقُ مَا يَشَاءُ ۚ يَهَبُ لِمَنْ يَشَاءُ إِنَاثًا وَيَهَبُ لِمَنْ يَشَاءُ الذُّكُورَ أَوْ يُزَوِّجُهُمْ ذُكْرَانًا وَإِنَاثًا ۖ وَيَجْعَلُ مَنْ يَشَاءُ عَقِيمًا ۚ إِنَّهُ عَلِيمٌ قَدِيرٌ﴾[3]; “He creates what He wills. He bestows daughters on whom He wills and bestows sons on whom He wills, or He bestows both sons and daughters on them and makes whom He wills barren. He is indeed the All-Knowing, the All-Powerful,” even if this natural process at times does not accord with the desires of some superficial and hasty worshipers, and from their insufficient and negligent point of view, it does not provide for their interests; as God Almighty has said: ﴿وَعَسَى أَنْ تَكْرَهُوا شَيْئًا وَهُوَ خَيْرٌ لَكُمْ ۖ وَعَسَى أَنْ تُحِبُّوا شَيْئًا وَهُوَ شَرٌّ لَكُمْ ۗ وَاللَّهُ يَعْلَمُ وَأَنْتُمْ لَا تَعْلَمُونَ﴾[4]; “And perhaps you hate a thing and it is good for you, and perhaps you like a thing and it is evil for you, and God knows and you do not know.” Therefore, the servants of God must submit to His ways, be satisfied with His will, and avoid opposing Him in His management, disturbing the order of nature, and interfering in the natural process of procreation and reproduction; because any opportunistic and extravagant interference in the natural process of procreation and reproduction is a change of God’s creation and disturbs the order and balance of nature, and at the same time, it opens the door to great evils for posterity and, in the long run, will have dire and harmful consequences for individuals and societies. For this reason, Satan has considered forcing people to do such actions as one of his goals and said: ﴿وَلَآمُرَنَّهُمْ فَلَيُغَيِّرُنَّ خَلْقَ اللَّهِ﴾[5]; “And I will surely command them, so they will change God’s creation”; in the sense that he will cause them to change the innate forms and natural methods of God’s creation, even though they are based on very deep wisdom that is compatible with all dimensions and aspects of the universe, for the greed of short-term personal interests and by misusing what God has given them of knowledge and tools. Based on this, the first evidence for the impermissibly of leasing wombs is that it is changing God’s creation by changing the natural process of procreation and reproduction, and that is ﴿مِنْ عَمَلِ الشَّيْطَانِ﴾[6]; “from the work of Satan,” and the other evidence is that it mixes lineages; because it necessitates the participation of two women in the formation of one child; considering that one of them participates in it by creating his sperm-drop, blood clot, or chewed flesh, and the other participates in it by developing him, completing him, and shaping him in her womb, and undoubtedly, there are great evils in mixing lineages. Therefore, His Excellency Allamah Mansoor Hashemi Khorasani, may God Almighty protect him, issues a fatwa stating the prohibition of this satanic work and emphatically warns against it while revealing its malicious nature and dire consequences; as one of our companions informed us, he said:
«سَأَلْتُ الْمَنْصُورَ عَنِ امْرَأَةٍ لَا تَسْتَطِيعُ حَمْلًا أَوْ وِلَادَةً، أَفَيَجُوزُ لَهَا أَنْ تَسْتَأْجِرَ امْرَأَةً أُخْرَى لِتَحْمِلَ وَلَدَهَا وَتَلِدَهُ؟ فَقَالَ: لَا تَشْتَرِكُ امْرَأَتَانِ فِي وَلَدٍ وَاحِدٍ»[7]; “I asked Mansoor about a woman who cannot become pregnant or give birth, is it permissible for her to hire another woman to carry her child and give birth to him? So he said: ‘Two women do not share one child.’”
And one of our companions informed us, he said:
«سَأَلْتُ الْمَنْصُورَ عَنِ الْمَرْأَةِ تُؤْجِرُ رَحِمَهَا مِنْ زَوْجَيْنِ لَا يُولَدُ لَهُمَا، فَتُنَبِّتُ مَاءَهُمَا أَوْ جَنِينَهُمَا، فَقَالَ: لَا وَاللَّهِ، لَا يُشَارِكُ فِي أَوْلَادِ النَّاسِ إِلَّا شَيْطَانٌ، أَمَا سَمِعْتَ قَوْلَهُ تَعَالَى: ﴿وَشَارِكْهُمْ فِي الْأَمْوَالِ وَالْأَوْلَادِ﴾[8]؟!»[9]; “I asked Mansoor about a woman who leases her womb out to a couple who have no children, then she has their water or their fetus grow (in her womb). So he said: ‘No, I swear to God, none but Satan shares children with people. Have you not heard the words of God Almighty that has said (to him): “And share wealth and children with them”?!’”
And one of our companions informed us, he said:
«سَمِعْتُ الْعَالِمَ يَقُولُ: مَنِ اسْتَأْجَرَ امْرَأَةً لِرَحِمِهَا فَإِنَّمَا اسْتَأْجَرَ شَيْطَانَةً، وَلَا يُولَدُ مِنَ الشَّيْطَانَةِ إِلَّا شَيْطَانٌ»[10]; “I heard the scholar (i.e., Mansoor) say: ‘Whoever hires a woman for her womb has only hired a she-devil, and nothing is born from a she-devil but a devil.’”
And one of our companions informed us, he said:
«سَمِعْتُ الْمَنْصُورَ يَقُولُ وَعِنْدَهُ عِيسَى بْنُ عَبْدِ الْحَمِيدِ: لَعَنَ اللَّهُ مُؤْجِرَ الْأَرْحَامِ وَمُسْتَأْجِرَهَا! أَلَا وَاللَّهِ لَوْ كَانَ لِي أَمْرٌ لَجَلَدْتُهُمَا أَوْ عَذَّبْتُهُمَا عَذَابًا شَدِيدًا! فَلَمَّا خَرَجَ قُلْتُ لِعِيسَى: مَا أَرَادَ بِالْعَذَابِ الشَّدِيدِ؟ قَالَ: أَرَادَ حَدَّ الْمُحَارَبَةِ لِأَنَّهُمَا أَفْسَدَا فِي الْأَرْضِ»[11]; “I heard Mansoor say while Isa ibn Abd al-Hamid was with him: ‘May God curse those who lease out wombs and those who lease wombs! Be aware that, I swear to God, if I had authority, I would either flog them or punish them severely!’ Then, when His Honor went out, I said to Isa: ‘What did he mean by punishing severely?’ He said: ‘He meant the punishment of waging war (against God and His Prophet); because they have spread corruption on the earth.’”
So the view of this great scholar is that the mother of the human being is one who carries him in her womb and gives birth to him, whether she is the owner of the egg or not, and that is due to the apparent meaning and the absolute indication of God’s Book; because He has called the mother “the female parent” and defined her as one who carries the human being in her womb and gives birth to him; as He has said: ﴿وَوَصَّيْنَا الْإِنْسَانَ بِوَالِدَيْهِ إِحْسَانًا ۖ حَمَلَتْهُ أُمُّهُ كُرْهًا وَوَضَعَتْهُ كُرْهًا﴾[12]; “And We have enjoined on the human being to be good to his parents. His mother carried him in her womb with hardship and gave birth to him with hardship,” and said: ﴿وَوَصَّيْنَا الْإِنْسَانَ بِوَالِدَيْهِ حَمَلَتْهُ أُمُّهُ وَهْنًا عَلَى وَهْنٍ﴾[13]; “And We have enjoined upon the human being concerning his partners. His mother carried him in weakness upon weakness,” and said: ﴿يَخْلُقُكُمْ فِي بُطُونِ أُمَّهَاتِكُمْ خَلْقًا مِنْ بَعْدِ خَلْقٍ فِي ظُلُمَاتٍ ثَلَاثٍ﴾[14]; “He creates you in the wombs of your mothers, creation after creation, in three layers of darkness,” and said: ﴿وَإِذْ أَنْتُمْ أَجِنَّةٌ فِي بُطُونِ أُمَّهَاتِكُمْ﴾[15]; “And when you were fetuses in the wombs of your mothers,” and said: ﴿وَاللَّهُ أَخْرَجَكُمْ مِنْ بُطُونِ أُمَّهَاتِكُمْ﴾[16]; “And God brought you out of the wombs of your mothers,” but rather He has explicitly restricted motherhood to the female parent and said: ﴿إِنْ أُمَّهَاتُهُمْ إِلَّا اللَّائِي وَلَدْنَهُمْ﴾[17]; “Their mothers are only those who gave birth to them,” and therefore, the woman whose egg has been placed in the womb of another woman does not become a legitimate mother with that, although she cannot marry the son born of her egg either; as one of our companions informed us, he said:
«ذُكِرَ عِنْدَ الْمَنْصُورِ إِجَارَةُ الْأَرْحَامِ، فَقَالَ: لَا تَحْمِلُ الْمَرْأَةُ فِي بَطْنِهَا إِلَّا وَلَدَهَا، وَلَا تَضَعُ إِلَّا وَلَدَهَا، قُلْتُ: فَمَا لِصَاحِبَةِ الْمَاءِ؟! فَأَخَذَ بِيَدِهِ كَفًّا مِنَ التُّرَابِ وَقَالَ: هَذَا! قُلْتُ: فَهَلْ لَهَا أَنْ تَنْكِحَ ذَلِكَ الْوَلَدَ؟ قَالَ: لَيْسَ لَهَا إِلَّا هَذَا -وَأَشَارَ إِلَى التُّرَابِ!»[18]; “Leasing wombs was mentioned in the presence of Mansoor, so he said: ‘A woman does not carry in her womb but her child, nor does she give birth but to her child.’ I said: ‘Then what does the woman who owns the fluid have?!’ So he took a handful of dust with his hand and said: ‘This!’ I said: ‘Then is it permissible for her to marry that child (in the future)?’ He said: ‘There is nothing for her but this,’ -and he pointed to the dust!”
Likewise, the man whose sperm has been placed in the womb of a woman who is not lawful for him does not become a legitimate father, although he cannot marry the girl born of his sperm either; as it becomes clear from what the Messenger of God, peace and blessings of God be upon him and his family, said to Sawda daughter of Zam‘ah: «احْتَجِبِي مِنْهُ»; “Veil yourself from him,” meaning the son of Zam‘ah’s bondwoman, when he saw the boy’s resemblance to Utbah ibn Abi Waqqas, although he attributed him to Zam‘ah, saying: «الْوَلَدُ لِلْفِرَاشِ، وَلِلْعَاهِرِ الْحَجَرُ»; “The child is for the owner of the marital bed (i.e., the husband), and for the fornicator is the stone,” and he did not see Sawda again until he met God the Exalted, the Majestic[19]; as one of our companions informed us, he said:
«سَأَلْتُ الْمَنْصُورَ عَنِ الرَّجُلِ يَسْتَأْجِرُ رَحِمًا لَا تَحِلُّ لَهُ، فَيُفْرِغُ فِيهَا مَاءَهُ وَمَاءَ امْرَأَتِهِ، فَيَخْرُجُ وَلَدٌ، لِمَنْ يَكُونُ الْوَلَدُ؟ قَالَ: قَضَى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ بِأَنَّ الْوَلَدَ لِلْفِرَاشِ، قُلْتُ: كَيْفَ وَيَكُونُ الْمَاءُ لِلْمُسْتَأْجِرِ؟! قَالَ: هَكَذَا قَضَى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ، قُلْتُ: فَإِنْ لَمْ يَكُنْ لِلرَّحِمِ فِرَاشٌ فَلِمَنْ يَكُونُ الْوَلَدُ؟ قَالَ: لِلشَّيْطَانِ!»[20]; “I asked His Honor about a man who leases the womb (of a woman) other than his wife, who is not lawful for him, then he pours his fluid and his wife’s fluid into it, then a child comes out, whose child is he? He said: ‘The Messenger of God, peace and blessings of God be upon him and his family, issued a verdict that the child would be for the marital bed (i.e., the husband of the woman who leases her womb out).’ I said: ‘How? While the fluid is for the one who leases (the womb)!’ He said: ‘This is how the Messenger of God, peace and blessings of God be upon him and his family, issued a verdict.’ I said: ‘If there is no marital bed (i.e., husband) for the womb, then whose child is he?’ He said: ‘Satan’s!’”
What supports his saying that this is not permissible, in addition to what was said, is the general prohibition of placing the sperm-drop in the womb of a non-mahram woman; as it has been said in a narration from the Messenger of God, peace and blessings of God be upon him and his family: «مَا مِنْ ذَنْبٍ بَعْدَ الشِّرْكِ بِاللَّهِ أَعْظَمُ عِنْدَ اللَّهِ مِنْ نُطْفَةٍ وَضَعَهَا رَجُلٌ فِي رَحِمٍ لَا تَحِلُّ لَهُ»[21]; “There is no sin greater in the sight of God after associating partners with Him than a sperm-drop being placed by a man in a womb that is not lawful for him,” and in a narration from the Ahl al-Bayt: «إِنَّ أَشَدَّ النَّاسِ عَذَابًا يَوْمَ الْقِيَامَةِ رَجُلٌ أَقَرَّ نُطْفَتَهُ فِي رَحِمٍ يَحْرُمُ عَلَيْهِ»[22]; “The most severely punished of people on the Day of Judgment will be a man who places his sperm in a womb that is unlawful for him,” and there is no doubt that these narrations, even though they are mentioned in the subject on fornication, in their generality include the placement of sperm in the womb of a non-mahram woman through hiring.
Likewise, human cloning in the sense of his creation outside wombs is not permissible; because that is also a clear example of changing God’s creation and opposing His knowledge and power, and it is one of the works of the Antichrist and the results of satanic modernity; as one of our companions informed us, he said:
«سَمِعْتُ الْمَنْصُورَ يَقُولُ: إِنَّ الدَّجَّالَ ذُو عَيْنٍ وَاحِدَةٍ، يَنْظُرُ بِهَا إِلَى مَشَارِقِ الْأَرْضِ وَمَغَارِبِهَا، لَا يَكَادُ يَخْفَى عَلَيْهِ شَيْءٌ، يَزْعُمُ النَّاسُ أَنَّهُ عَلَى كُلِّ شَيْءٍ قَدِيرٌ، فَيُحْيِي الْمَوْتَى، وَيُبْرِئُ الْأَكْمَهَ وَالْأَبْرَصَ، وَيُنَبِّئُ بِمَا فِي الْأَرْحَامِ، وَيُنَزِّلُ الْغَيْثَ، وَيَلِجُ فِي الْأَرْضِ، وَيَعْرُجُ فِي السَّمَاءِ، وَيَسْتَخْرِجُ الْكُنُوزَ، وَيَخْلُقُ الْإِنْسَانَ فِي قَارُورَةٍ كَمَا يَخْلُقُهُ اللَّهُ فِي الْأَرْحَامِ، وَيَسِيرُ كَمَا يَسِيرُ الرِّيحُ الصَّرْصَرُ، يَمْلِكُ الْمَالَ وَالْمَكِنَةَ، فَلَا يُعْطِيهِمَا إِلَّا مَنْ عَبَدَهُ، وَهُمُ الْيَهُودُ، ثُمَّ النَّصَارَى، ثُمَّ الَّذِينَ اتَّبَعُوهُمْ مِنَ الْمُسْلِمِينَ، يَنْزِلُ بَيْتَ الْمَقْدِسِ. فَسَكَتَ، فَرَءَانَا نَنْظُرُ إِلَيْهِ وَكَأَنَّ عَلَى رُؤُوسِنَا الطَّيْرَ، فَقَالَ: أَنَا أُنَبِّئُكُمْ بِتَأْوِيلِهِ، إِنَّهُ الْحَدَاثَةُ»[23]; “I heard Mansoor say: ‘Indeed, dajjal has one eye with which he looks at the eastern and western parts of the earth, and almost nothing is hidden from it. People suppose that he has power over all things, so he brings the dead back to life, heals the blind and lepers, informs of what is in the wombs, sends down the rain, sinks to the ground, ascends in the sky, takes out the treasures, creates human beings in a glass as God creates in the wombs, moves like a strong wind, and takes possession of wealth and power, then he does not give those two except to those who worship him, and they are Jews, then Christians, and then those of Muslims who follow them, they settle in Jerusalem!’ Then he fell silent and saw us looking at him (in astonishment) as if birds were sitting on our heads, so he said: ‘I inform you of its interpretation. It is modernity!’”
↑[1] . An-Nur/ 15
↑[2] . Al-Baqarah/ 222
↑[3] . Ash-Shura/ 49-50
↑[4] . Al-Baqarah/ 216
↑[5] . An-Nisa/ 119
↑[6] . Al-Ma’idah/ 90
↑[8] . Al-Isra/ 64
↑[12] . Al-Ahqaf/ 15
↑[13] . Luqman/ 14
↑[14] . Az-Zumar/ 6
↑[15] . An-Najm/ 32
↑[16] . An-Nahl/ 78
↑[17] . Al-Mujadilah/ 2
↑[19] . See Muwatta’ Malik, the narration of Mus‘ab ibn al-Zuhri, vol. 2, p. 460; Musnad of Abdullah ibn al-Mubarak, p. 133; al-Asl by al-Shaibani, vol. 8, p. 107; Musnad of al-Shafi‘i, p. 188; Musnad of Abi Dawud al-Tayalisi, vol. 3, p. 59; Musannaf of Abd al-Razzaq, vol. 7, p. 442; Sunan of Sa‘id ibn Mansoor, vol. 2, p. 106; Musnad of Ishaq ibn Rahwayh, vol. 2, p. 217; Musnad of Ahmad, vol. 41, p. 442; Musnad of al-Darimi, vol. 3, p. 1436; Sahih of al-Bukhari, vol. 3, p. 54; Sahih of Muslim, vol. 4, p. 171; Sunan of ibn Majah, vol. 1, p. 646; Sunan of Abi Dawud, vol. 2, p. 282; Sunan of al-Nasa’i, vol. 6, p. 180.
↑[21] . Al-Wara‘ by ibn Abi al-Dunya, pg. 94; al-Ja‘fariyyat by ibn al-Ash‘ath, vol. 1, p. 258; Da‘a’im al-Islam by ibn Hayyun, vol. 2, p. 448; Dhamm al-Hawa by ibn al-Jawzi, p. 190; al-Kaba’ir by al-Dhahabi, p. 53; al-Durr al-Manthur Fi al-Tafsir Bi al-Ma’thur by al-Suyuti, vol. 5, p. 281
↑[22] . Al-Mahasin by al-Barqi, vol. 1, p. 106; al-Kafi by al-Kulayni, vol. 5, p. 541; Da‘a’im al-Islam by ibn Hayyun, vol. 2, p. 447; Thawab al-A‘mal Wa Iqab al-A‘mal by ibn Babawayh, p. 263
↑[23] . Saying 117, passage 5
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Appendices
Sub-questions & answers
The jurists who say that it is permissible to lease wombs have various inferences, including the following:
1. The woman leasing out her womb comes under the same rulings as the mother; because she raises the child in her womb, like a woman who breastfeeds him and becomes a mother through breastfeeding, with the difference that the first feeds the child in her womb, and the second feeds him from her breast. However, neither of them is the real mother, and the real mother is the one to whom the fetus belongs.
2. A woman who can create a child but cannot keep him in her womb until his birth is permitted to place him, with her husband’s permission, in the womb of another woman to keep him in her womb until his birth; as a disabled mother, in order to protect her child, is permitted to take a nanny to raise him.
3. This work is permissible by way of emergency; because a man can divorce his wife who cannot keep a child in her womb, and take another wife if he desires a child, and this leads to family breakdown. Therefore, some jurists have said that it is permissible by way of emergency if it is not with forbidden sight or touch.
4. Some jurists say that this is permissible if the hired woman is free and temporarily marries the man until childbirth.
Since the fatwa of His Excellency Allamah Khorasani is the impermissibility of this work, I want to know his proof for rejecting the above-mentioned inferences separately.
1. The analogy between a woman’s carrying the sperm or fetus of non-mahrams in her womb and her breastfeeding their children is an analogy between different things; because the former is an unnatural work that changes God’s creation, and the latter is a natural work that does not change God’s creation, and God has forbidden what changes His creation and has not forbidden the other, and that is like His words: ﴿قَالُوا إِنَّمَا الْبَيْعُ مِثْلُ الرِّبَا ۗ وَأَحَلَّ اللَّهُ الْبَيْعَ وَحَرَّمَ الرِّبَا﴾[1]; “They say: ‘Trade is like usury,’ whereas God has permitted trade and forbidden usury,” so making an analogy between them is not correct, but rather it is a clear example of false analogy that has no place in Islam and the righteous predecessors have severely condemned it; as it has been narrated from Ja‘far ibn Muhammad al-Sadiq, peace be upon him, that he said: «إِنَّ أَصْحَابَ الْقِيَاسِ طَلَبُوا الْعِلْمَ بِالْقِيَاسِ، فَلَمْ يَزْدَادُوا مِنَ الْحَقِّ إِلَّا بُعْدًا، إِنَّ دِينَ اللَّهِ لَا يُصَابُ بِالْقِيَاسِ»[2]; “People of analogy sought knowledge through analogy, but they have not increased in their understanding of the truth except in distance. Indeed, God’s religion is not attained through analogy,” and it has been narrated from his son Musa, peace be upon him, that he said: «مَا لَكُمْ وَلِلْقِيَاسِ؟! إِنَّمَا هَلَكَ مَنْ هَلَكَ مِنْ قَبْلِكُمْ بِالْقِيَاسِ»[3]; “What do you have to do with analogy? Indeed, those who perished before you perished because of analogy,” and this content has been narrated from a group of the Sahabah, their followers, and the followers of their followers[4], and one of our companions informed us, he said:
«سَمِعْتُ الْمَنْصُورَ يَقُولُ: وَيْلٌ لِأَصْحَابِ الْقِيَاسِ؛ فَإِنَّهُمْ يَضْرِبُونَ لِلَّهِ وَرَسُولِهِ الْأَمْثَالَ، وَقَدْ قَالَ اللَّهُ: ﴿فَلَا تَضْرِبُوا لِلَّهِ الْأَمْثَالَ ۚ إِنَّ اللَّهَ يَعْلَمُ وَأَنْتُمْ لَا تَعْلَمُونَ﴾[5]، وَقَالَ: ﴿انْظُرْ كَيْفَ ضَرَبُوا لَكَ الْأَمْثَالَ فَضَلُّوا فَلَا يَسْتَطِيعُونَ سَبِيلًا﴾[6]»; “Wow to people of analogy; because they give God and His Messengers examples, while God has said: ‘So do not give God examples. Indeed, God knows, and you do not know,’ and said: ‘See how they give you examples, so they have gone astray and cannot find a way.’”
Therefore, if the analogy between a woman who carries the sperm with a woman who breastfeeds the child were correct, it would have been used to establish that the woman who carries the sperm is a mother through pregnancy, just as the woman who breastfeeds the child is a mother through breastfeeding, and it would not have been used to establish that the woman who carries the sperm is the real mother; because they are different and there is no connection between them religiously; as there is no connection between the sperm being from a man and his being considered a legitimate father; because it is proven and well-known from the Messenger of God, peace and blessings of God be upon him and his family, that he said: «الْوَلَدُ لِلْفِرَاشِ، وَلِلْعَاهِرِ الْحَجَرُ»; “The child is for the owner of the marital bed (i.e., the husband), and for the fornicator is the stone,” in the sense that the child is for the husband of the owner of the womb, even if it is not from his sperm in reality; as it has been narrated from Aisha that she said: «كَانَ عُتْبَةُ بْنُ أَبِي وَقَّاصٍ عَهِدَ إِلَى أَخِيهِ سَعْدِ بْنِ أَبِي وَقَّاصٍ أَنَّ ابْنَ وَلِيدَةِ زَمْعَةَ مِنِّي، فَاقْبِضْهُ إِلَيْكَ، فَلَمَّا كَانَ عَامُ الْفَتْحِ أَخَذَهُ سَعْدٌ وَقَالَ: ابْنُ أَخِي قَدْ كَانَ عَهِدَ إِلَيَّ فِيهِ، فَقَامَ إِلَيْهِ عَبْدُ بْنُ زَمْعَةَ فَقَالَ: أَخِي وَابْنُ وَلِيدَةِ أَبِي، وُلِدَ عَلَى فِرَاشِهِ، فَتَسَاوَقَا إِلَى رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ، فَقَالَ سَعْدٌ: يَا رَسُولَ اللَّهِ، ابْنُ أَخِي، قَدْ كَانَ عَهِدَ إِلَيَّ فِيهِ، وَقَالَ عَبْدُ بْنُ زَمْعَةَ: أَخِي، وَابْنُ وَلِيدَةِ أَبِي، وُلِدَ عَلَى فِرَاشِهِ، فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ: هُوَ لَكَ يَا عَبْدَ بْنَ زَمْعَةَ، ثُمَّ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ: الْوَلَدُ لِلْفِرَاشِ، وَلِلْعَاهِرِ الْحَجَرُ، ثُمَّ قَالَ لِسَوْدَةَ بِنْتِ زَمْعَةَ: احْتَجِبِي مِنْهُ، لِمَا رَأَى مِنْ شَبَهِهِ بِعُتْبَةَ بْنِ أَبِي وَقَّاصٍ، فَمَا رَآهَا حَتَّى لَقِيَ اللَّهَ عَزَّ وَجَلَّ»[7]; “Utbah ibn Abi Waqqas said to his brother Sa‘d ibn Abi Waqqas: ‘The son of the bondwoman of Zam‘ah is from me, so take him into your custody.’ So in the year of the Conquest of Mecca, Sa‘d took him and said: ‘(This is) my brother’s son whom he has asked me to take into my custody.’ Then Abd ibn Zam‘ah got up before him and said: ‘(He is) my brother and the son of the bondwoman of my father and was born on my father’s bed.’ So they both submitted their case before the Messenger of God, peace and blessings of God be upon him and his family. Then Sa‘d said, ‘O Messenger of God! (This is) the son of my brother, and he entrusted him to me,’ and Abd ibn Zam‘ah said: ‘(This is) my brother and the son of the bondwoman of my father and was born on the bed of my father.’ So the Messenger of God, peace and blessings of God be upon him and his family, said: ‘The boy is for you, O Abd ibn Zam‘ah.’ Then the Messenger of God, peace and blessings of God be upon him and his family, said: ‘The child is for the owner of the bed, and for the fornicator is the stone.’ Then he said to Sawda daughter of Zam‘ah: ‘Veil yourself from him,’ when he saw the boy’s resemblance to Utbah ibn Abi Waqqas. So the boy did not see her again until he met God the Exalted, the Majestic.”
This means that the man who owns the sperm is not considered a father if he places it in a womb that is not lawful for him, so a woman who owns the egg is not considered a mother either if she places it in a womb that is not lawful for her, and this is by way of a fortiori; because it is a natural forbidden work for the man who owns the sperm and an unnatural forbidden work for the woman who owns the egg, and it is clear that a forbidden work that is against nature is more deserving of not having any religious benefit than a forbidden work that is compatible with nature! It is hereby understood that the analogy between a woman who carries the sperm with a woman who breastfeeds the child, if it was taken from it, would only increase its people in evil; because it necessitates saying that the child has no real mother, as he has no legitimate father if the woman who carries the sperm does not have a husband or her husband rejects him!
2. The analogy between a woman who carries the sperm of non-mahram men in her womb and a woman who takes care of their children due to their inability is more corrupt and more obvious in invalidity than the previous analogy, but rather it is a kind of imperiousness and sophistry originated from boldness and carelessness in deducing rulings; because the dispute is only in the permissibility of the participation of a non-mahram woman in the formation of the child, not in the permissibility of her participation in raising him after his birth, and it is clear that the analogy between them is an analogy between different things!
3. There is no rational or religious emergency; because an emergency is that life will be contingent on a forbidden work, or avoiding the greatest forbidden work will be contingent on avoiding greater forbidden work, and neither of them exists for those who have no children; because divorcing the wife or taking a second wife is permissible and does not mean that her life will end or she will fall into the greatest forbidden work. Therefore, their claim that leasing wombs is permissible by way of emergency is an absurd claim that indicates how far they are from knowledge and piety.
4. The problem is not only about the man and his non-marriage to the owner of the womb so that it would be solved by his marrying her permanently or temporarily, but also about the owner of the egg, the impermissibility of mixing lineages, and changing God’s creation; because, on the one hand, it is not permissible for the owner of the egg to place her egg in the womb of the owner of the womb, as it is not permissible for the owner of the sperm to do that if he is not the husband of the owner of the womb, and it is clear that if marriage is realized between him and the owner of the womb, it is not realized between the owner of the egg and the owner of the womb, and on the other hand, placing a woman’s egg in the womb of another woman is mixing lineages and changing God’s creation by changing the natural order of procreation and reproduction, and that is absolutely not permissible.
Unfortunately, it appears that some jurists issue fatwas according to what people demand and to satisfy some individuals, groups, or rulers, and this is because some individuals, groups, or rulers need religious permits to justify their non-religious actions and spread them in Islamic countries, and these jurists issue them for them, and in this way, they adjust God’s religion to harmonize with their desires instead of adjusting their desires to harmonize with God’s religion! These jurists, who have often gained fame and status with the help of these individuals, groups, and rulers, first assume what their masters desire is legitimate. Then they spare no effort to find a legitimate loophole for them, even if it requires twisting the rope, and in this regard, they may cling to any straw and hold on to what is weaker than a spider’s web! For this reason, you see His Excellency Allamah Mansoor Hashemi Khorasani, may God Almighty protect him, -this truthful scholar- warning against the jurists who follow individuals, groups, and rulers; as one of our companions informed us, he said:
«سَمِعْتُ الْمَنْصُورَ يَقُولُ: مَا ذِئْبَانِ ضَارِيَانِ فِي غَنَمٍ قَدْ غَابَ عَنْهَا رَاعِيهَا، أَحَدُهُمَا فِي أَوَّلِهَا وَالْآخَرُ فِي آخِرِهَا، يَمْزُقَانِ مِنْ كُلِّ جَانِبٍ، بِأَضَرَّ فِي قَوْمٍ مِنْ عَالِمَيْنِ أَحَدُهُمَا يَتَّبِعُ السُّلْطَانَ، وَالْآخَرُ يَتَّبِعُ السُّوقَ»[8]; “I heard Mansoor Hashemi Khorasani say: ‘Two ferocious wolves among sheep whose shepherd is absent, while one is in front of it and the other is behind it and they rip apart from every side, are not more harmful than two scholars among a people that one follows the ruler and the other follows the market.’”
↑[1] . Al-Baqarah/ 275
↑[2] . Al-Mahasin by al-Barqi, vol. 1, p. 211; Basa’ir al-Darajat by al-Saffar, pp. 166 and 170; al-Kafi by al-Kulayni, vol. 1, p. 57
↑[3] . Al-Kafi by al-Kulayni, vol. 1, p. 57; al-Ikhtisas by al-Mufid, p. 282
↑[4] . See Sunan of Sa‘id ibn Mansoor, vol. 6, p. 73; Musannaf of ibn Abi Shaybah, vol. 7, p. 253; al-Jami‘ Li Ulum Ahmad, vol. 5, p. 107; Musnad of al-Darimi, vol. 1, pp. 235 and 280; al-Akhbar al-Muwaffaqiyyat by al-Zubayr ibn Bakkar, p. 19; Ta’wil Mukhtalif al-Hadiths by ibn Qutaybah, p. 110; Ansab al-Ashraf by al-Baladhuri, vol. 4, p. 48; al-Mu‘jam al-Kabir by al-Tabarani, vol. 9, p. 105; al-Azmah by Abu Sheikh al-Asbahani, vol. 5, p. 1626; al-Ibanah al-Kubra by ibn Battah, vol. 2, p. 450; Fawa’id Tamam, vol. 1, p. 110; Musnad of Abi Hanifah, the narration of Abu Nu‘aym al-Asbhani, p. 66; Jami‘ al-Bayan al-Ilm Wa Fadlih by ibn Abd al-Birr, vol. 2, pp. 892 and 1042; al-Faqih Wa Mutafaqqih by al-Khatib al-Baghdadi, vol. 1, p. 457.
↑[5] . An-Nahl/ 74
↑[6] . Al-Isra/ 48; Al-Furqan/ 9
↑[7] . Muwatta’ Malik, the narration of Abu Mus‘ab al-Zuhri, vol. 2, p. 460; Musnad of Abdullah ibn al-Mubarak, p. 133; al-Asl by al-Shaybani, vol. 8, p. 107; Musnad of al-Shafi‘i, p. 188; Musnad of Abi Dawud al-Tayalisi, vol. 3, p. 59; Musannaf of Abd al-Razzaq, vol. 7, p. 442; Sunan of Sa‘id ibn Mansoor, vol. 2, p. 106; Musnad of Ishaq ibn Rahwayh, vol. 2, p. 217; Musnad of Ahmad, vol. 41, p. 442; Musnad of al-Darimi, vol. 3, p. 1436; Sahih of al-Bukhari, vol. 3, p. 54; Sahih of Muslim, vol. 4, p. 171; Sunan of ibn Majah, vol. 1, p. 646; Sunan of Abi Dawud, vol. 2, p. 282; Sunan of al-Nasa‘i, vol. 6, p. 180
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