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Sahih Muslim 1682b (Book 28, Hadith 53) #11505
Blood-Wit and Unborn Child

SUMMARY: Allah's Messenger ﷺ gave judgement that a woman who killed her fellow-wife with a tent-pole should pay blood-wit and give a male or female slave of good quality for her unborn child.

Al-Mughira b. Shu'ba reported: A woman killed her fellow-wife with a tent-pole. Her case was brought to Allah's Messenger , 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 Allah's Messenger said: He was talking rhymed phrases like the rhymed phrases of desert Arabs.
وَحَدَّثَنِي مُحَمَّدُ بْنُ رَافِعٍ، حَدَّثَنَا يَحْيَى بْنُ آدَمَ، حَدَّثَنَا مُفَضَّلٌ، عَنْ مَنْصُورٍ، عَنْ إِبْرَاهِيمَ، عَنْ عُبَيْدِ بْنِ نُضَيْلَةَ، عَنِ الْمُغِيرَةِ بْنِ شُعْبَةَ، ‏.‏ أَنَّ امْرَأَةً، قَتَلَتْ ضَرَّتَهَا بِعَمُودِ فُسْطَاطٍ فَأُتِيَ فِيهِ رَسُولُ اللَّهِ فَقَضَى عَلَى عَاقِلَتِهَا بِالدِّيَةِ وَكَانَتْ حَامِلاً فَقَضَى فِي الْجَنِينِ بِغُرَّةٍ ‏.‏ فَقَالَ بَعْضُ عَصَبَتِهَا أَنَدِي مَنْ لاَ طَعِمَ وَلاَ شَرِبَ وَلاَ صَاحَ فَاسْتَهَلَّ وَمِثْلُ ذَلِكَ يُطَلُّ قَالَ فَقَالَ ‏ "‏ سَجْعٌ كَسَجْعِ الأَعْرَابِ

TOPICS
bloodwit  *  child  *  judgement  *  pole  *  diyya  *  qasam

QUICK LESSONS:
Be just in your judgements and respect decisions from God Almighty through His Prophet Muhammad (ﷺ) .

EXPLANATIONS:
This hadith is about the judgement given by Allah's Messenger (ﷺ) when a woman killed her fellow wife with a tent pole. The judgement was that the relatives of the offender should pay diyya or blood money as compensation for the death of the victim. Additionally, since she was pregnant at the time, it was decided that either a male or female slave of good quality be given as compensation for her unborn child. Some people questioned this decision saying how can they compensate someone who never ate nor drank nor made any noise like an entity? To this Allah's Messenger replied that he was talking rhymed phrases like desert Arabs do. This hadith teaches us to be just in our judgements and to not question them even if we don't understand them fully because they come from God Almighty Himself through His Prophet Muhammad ﷺ .

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