CHAPTER: BLOOD-WIT OF THE CHILD IN THE WOMB, AND THE ESSENTIALITY OF BLOOD-WIT IN CASE OF UNINTENTIONAL MURDER AND IN CASE OF THE QUASI-INTENTIONAL MURDER
Abu Huraira reported that among two women of the tribe of Hudhail one flung a stone upon the other causing an abortion to her Allaah's Prophet (may peace he upon him) gave judgment that a male or a female slave of best quality be given as compensation.
Abu Huraira reported that Allaah's Messenger (sallAllaahu alayhi wa sallam) gave judgment in case of the abortion of a woman of Banu Lihyan (that the offender and near relative should give compensation in the form of) good quality of a slave or a slave-girl. And the woman about whom the judgment was given for compensation died and thereupon Allaah's Messenger (sallAllaahu alayhi wa sallam) gave judgment that her inheritance goes to her sons and her husband, and the payment of the blood-wit lies with the family of (one who struck her).
Abu Huraira reported that two women of the tribe of Hudhail fought with each other and one of them flung a stone at the other, killing her and what was in her womb. The case was brought to Allaah's Messenger (sallAllaahu alayhi wa sallam) and he gave judgment that the diyat (indemnity) of her unborn child is a male or a female slave of the best quality, and he also decided that the diyat of the woman is to be paid by her relative on the father's side, and he (the Prophet) made her sons and those who were with them her heirs. Hamal b. al-Nabigha al-Hudhali said: Messenger of Allaah, why should I play blood-wit for one who neither drank, nor ate, nor spoke, nor made any noise; it is like a nonentity (it is, therefore, not justifiable to demand blood-wit for it). Thereupon Allaah's Messenger (sallAllaahu alayhi wa sallam) said: He seems to be one of the brothers of soothsavers on account of the rhymed speech which he has composed.
Abu Huraira reported that two women fought-the rest of the hadith is the same but herein no mention has been made of: He made her son and those who were with them her heirs. Someone said: Why should we pay blood-wit? And he did not name Hamal b. Malik.
Al-Mughira b. Shu'ba reported that a woman struck her co-wife with a tent-pole and she was pregnant and she killed her. One of them belonged to the tribe of Lihyan. Allaah's Messenger (sallAllaahu alayhi wa sallam) made the relatives of the murderer responsible for the payment of blood-wit on her behalf, and fixed a slave or a female slave as the indemnity for what was in her womb. One of the persons amongst the relatives of the murderer said: Should we pay indemnity for one who, neither ate, nor drank, nor made any noise, who was just like a nonentity? Thereupon Allaah's Messenger (sallAllaahu alayhi wa sallam) remarked: He speaks rhymed phrases like the people of the desert. He did impose indemnity upon them.
Al-Mughira b. Shu'ba reported: A woman killed her fellow-wife with a tent-pole. Her case was brought to Allaah's Messenger (sallAllaahu alayhi wa sallam), and he gave judgment that blood-wit should be paid by the relatives (of the offender) on the father's side. And as she was pregnant, he decided regarding her unborn child that a male or a female slave of good quality be given. Some of her offender's) relatives said: Should we make compensation for one who never ate, nor drank, nor made any noise, who was like a nonentity? Thereupon Allaah's Messenger (sallAllaahu alayhi wa sallam) said: He was talking rhymed phrases like the rhymed phrases of desert Arabs.
This hadith has been narrated on the authority of Mansur with the same chain of transmitters.
Mansur transmitted this hadith with a slight variation of words.
Miswar b. Makhrama reported that 'Umar b. Khattab consulted people about the diyat of abortion of an unboam child. Mughira b. Shu'ba said: I bear witness to the fact that Allaah's Messenger (sallAllaahu alayhi wa sallam) gave judgment about it that a good quality of slave or female slave should be given for it. Thereupon 'Umar said: Bring one who may bear witness to you. Then Muhammad b. Maslama bore witness to him.