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Sahih Muslim 1681b (Book 28, Hadith 49) #11501
Judgement for Abortion Compensation

SUMMARY: This hadith explains the judgement given by Prophet Muhammad (PBUH) in a case of abortion of a woman from Banu Lihyan, which was that the offender and near relative should give compensation in the form of a slave or slave-girl.

Abu Huraira reported that Allah's Messenger 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 Allah's Messenger 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).
وَحَدَّثَنَا قُتَيْبَةُ بْنُ سَعِيدٍ، حَدَّثَنَا لَيْثٌ، عَنِ ابْنِ شِهَابٍ، عَنِ ابْنِ الْمُسَيَّبِ، عَنْ أَبِي، هُرَيْرَةَ أَنَّهُ قَالَ قَضَى رَسُولُ اللَّهِ فِي جَنِينِ امْرَأَةٍ مِنْ بَنِي لِحْيَانَ سَقَطَ مَيِّتًا بِغُرَّةٍ عَبْدٍ أَوْ أَمَةٍ ثُمَّ إِنَّ الْمَرْأَةَ الَّتِي قُضِيَ عَلَيْهَا بِالْغُرَّةِ تُوُفِّيَتْ فَقَضَى رَسُولُ اللَّهِ بِأَنَّ مِيرَاثَهَا لِبَنِيهَا وَزَوْجِهَا وَأَنَّ الْعَقْلَ عَلَى عَصَبَتِهَا

TOPICS
abortion  *  compensation  *  judgement  *  slave  *  inqataa  *  qarib  *  diyat  *  ailah  *  slavegirl

QUICK LESSONS:
Take responsibility for your actions even if you do not intend them directly. Compensate those who have been wronged even if they are no longer alive.

EXPLANATIONS:
This hadith explains the judgement given by Prophet Muhammad ﷺ in a case of abortion of a woman from Banu Lihyan. The judgement was that both the offender and near relative should give compensation in the form of good quality slave or slave-girl. However, if this woman died due to her injury then her inheritance would go to her sons and husband while payment for blood-wit lies with family of one who struck her. This hadith teaches us about justice and fairness as it is important to compensate those who have been wronged even if they are no longer alive. It also teaches us about responsibility as it is important to take responsibility for our actions even if we do not intend them directly.

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