Hadith on Oaths (Qasamah), Retaliation And Blood Money: The Description Of Killing ThatResembles Intentional Killing, And Who Is To Pay The Diyah For A Fetus And For A Killing That Resembles Intentional Killing, And Mentioning The Different Wordings Reported In The Narration Of Ibrahim From 'Ubaid Bin Nudailah From Al-Mughirah (Sunan Nasai)

Sunan an-Nasai 4823 (Book 45, Hadith 118) #19356

Paying Diyah for Unborn Child

SUMMARY: The Prophet Muhammad ruled that a Diyah (blood money) should be paid for the death of a woman killed by her co-wife, and that a slave should be given as Diyah for the child in her womb.

It was narrated from Al-Mughirah bin shu'bah that: there were two co-wives, one of whom struck the other with a tent people and killed her. The Messenger of Allah ruled that the Diyah was to be paid by the 'Asabah of the killer, and that a slave should be given (as Diyah) for the child in her womb. The Bedouin Said: "Are you penalizing me for one who neither ate nor drank, or shouted or cried (at the moment of birth)? Such a one should be overlooked/" He said: "Rhyming verse like the verse of the Jahiliyyah," and he ruled that a slave should e given (as Diyah) for the child in her womb.

أَخْبَرَنَا مُحَمَّدُ بْنُ بَشَّارٍ، قَالَ حَدَّثَنَا عَبْدُ الرَّحْمَنِ، قَالَ حَدَّثَنَا سُفْيَانُ، عَنْ مَنْصُورٍ، عَنْ إِبْرَاهِيمَ، عَنْ عُبَيْدِ بْنِ نُضَيْلَةَ، عَنِ الْمُغِيرَةِ بْنِ شُعْبَةَ، أَنَّ ضَرَّتَيْنِ، ضَرَبَتْ إِحْدَاهُمَا الأُخْرَى بِعَمُودِ فُسْطَاطٍ فَقَتَلَتْهَا فَقَضَى رَسُولُ اللَّهِ ﷺ بِالدِّيَةِ عَلَى عَصَبَةِ الْقَاتِلَةِ وَقَضَى لِمَا فِي بَطْنِهَا بِغُرَّةٍ ‏.‏ فَقَالَ الأَعْرَابِيُّ تُغَرِّمُنِي مَنْ لاَ أَكَلْ وَلاَ شَرِبَ وَلاَ صَاحَ فَاسْتَهَلّ فَمِثْلُ ذَلِكَ يُطَلّ فَقَالَ ‏ "‏ سَجْعٌ كَسَجْعِ الْجَاهِلِيَّةِ ‏"‏ ‏.‏ وَقَضَى لِمَا فِي بَطْنِهَا بِغُرَّةٍ

TOPICS
money * child * diyah * cowife

QUICK LESSONS:

Respect rulings made by Prophet Muhammad even if we don't agree with them at first because he knows best what is fair and just according Islamic teachings .

EXPLANATIONS:

This hadith is about the ruling of Prophet Muhammad regarding paying diyah or blood money when one's co-wife kills another. A Bedouin man was not happy with this ruling and said it was unfair to pay diyah for someone who has not eaten, drank, shouted or cried yet. The Prophet responded by saying "Rhyming verse like the verse of Jahiliyyah" which means he was comparing this situation to something similar from pre-Islamic times. He then ruled that a slave should be given as diyah for the unborn child in her womb. This hadith teaches us that even though an unborn child has not been born yet, they still have rights and deserve compensation if something happens to them before they are born. It also teaches us to respect rulings made by Prophet Muhammad even if we don't agree with them at first because he knows best what is fair and just according to Islamic teachings.

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