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Sunan an-Nasai 4825 (Book 45, Hadith 120) #19358
Paying Diyah for Miscarriage

SUMMARY: The hadith is about two women who were married to the same man and one of them threw a tent pole at the other, causing her to miscarry. They asked the Prophet how they should pay Diyah for a baby that was never born alive, and he ruled that they should give a slave as Diyah.

It was narrated from Al-Mughirah b in Shu'bad that: two woman were married to a man of Hudhail, and one of them threw tent pole at the other and caused her to miscarry. They referred the dispute to the Prophet and they said: "how can we pay the Diyah for one who neither shouted nor cried (at the moment of birth), or ate or drank? Such a one should be overlooked". He said: "Rhyming verse like the verse of the Bedouins?" And the ruled that the 'Aqilah of the women should give a slave (as diyah).
أَخْبَرَنَا سُوَيْدُ بْنُ نَصْرٍ، قَالَ أَنْبَأَنَا عَبْدُ اللَّهِ، عَنْ شُعْبَةَ، عَنْ مَنْصُورٍ، عَنْ إِبْرَاهِيمَ، عَنْ عُبَيْدِ بْنِ نُضَيْلَةَ، عَنِ الْمُغِيرَةِ بْنِ شُعْبَةَ، أَنَّ امْرَأَتَيْنِ، كَانَتَا تَحْتَ رَجُلٍ مِنْ هُذَيْلٍ فَرَمَتْ إِحْدَاهُمَا الأُخْرَى بِعَمُودِ فُسْطَاطٍ فَأَسْقَطَتْ فَاخْتَصَمَا إِلَى النَّبِيِّ ﷺ فَقَالُوا كَيْفَ نَدِي مَنْ لاَ صَاحَ وَلاَ اسْتَهَلّ وَلاَ شَرِبَ وَلاَ أَكَلْ فَقَالَ النَّبِيُّ ﷺ ‏ "‏ أَسَجْعٌ كَسَجْعِ الأَعْرَابِ ‏"‏ ‏.‏ فَقَضَى بِالْغُرَّةِ عَلَى عَاقِلَةِ الْمَرْأَةِ
TOPICS
miscarriage  *  slave  *  verse  *  almawt  *  aldiyat  *  abd  *  qasidah  *  diyah

QUICK LESSONS:
Seek justice according to Islamic law even if something happens before birth or without any witnesses present .

EXPLANATIONS:
This hadith is about two women who were married to the same man from Hudhail. One of them threw a tent pole at the other, causing her to miscarry. They asked the Prophet how they should pay diyah for a baby that was never born alive, and he ruled that they should give a slave as diyah. This hadith teaches us an important lesson about justice and fairness in Islam; even if something happens before birth or without any witnesses present, it is still important to seek justice and make sure everyone gets what is due to them according to Islamic law. It also shows us how much importance Islam places on human life; even though this baby was not born alive, it still deserved justice in terms of compensation for its loss of life.

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