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Sunan Abi Dawud 4576 (Book 41, Hadith 83) #24867
Dispute Resolution in Hudhail

SUMMARY: The hadith is about a dispute between two women of Hudhail, where one killed the other. The Prophet (PBUH) gave judgement that a male or female slave of the best quality should be given as compensation for her unborn child and made her sons and those who were with them her heirs.

Narrated Abu Hurairah: Two women of Hudhail fought together and one of them threw a stone at the other and killed her. They brought their dispute to the Messenger of Allah who gave judgement that a male or female slave of the best quality should be given as compensation for her unborn child, and he fixed it to be paid by the woman's relatives on the father's side. He made her sons and those who were with them her heirs. Hamal b. Malik b. al-Nabighah al-Hudhali said: Messenger of Allah ! how should I be fined for one who has not drunk, or eaten or spoken, or raised his voice? - adding that compensation is not to be paid for such (an offense). The Messenger of Allah said: This man simply belong to the soothsayers on account of his rhymed prose which he has used.
حَدَّثَنَا وَهْبُ بْنُ بَيَانٍ، وَابْنُ السَّرْحِ، قَالاَ حَدَّثَنَا ابْنُ وَهْبٍ، أَخْبَرَنِي يُونُسُ، عَنِ ابْنِ شِهَابٍ، عَنْ سَعِيدِ بْنِ الْمُسَيَّبِ، وَأَبِي، سَلَمَةَ عَنْ أَبِي هُرَيْرَةَ، قَالَ اقْتَتَلَتِ امْرَأَتَانِ مِنْ هُذَيْلٍ فَرَمَتْ إِحْدَاهُمَا الأُخْرَى بِحَجَرٍ فَقَتَلَتْهَا فَاخْتَصَمُوا إِلَى رَسُولِ اللَّهِ فَقَضَى رَسُولُ اللَّهِ دِيَةَ جَنِينِهَا غُرَّةٌ عَبْدٌ أَوْ وَلِيدَةٌ وَقَضَى بِدِيَةِ الْمَرْأَةِ عَلَى عَاقِلَتِهَا وَوَرَّثَهَا وَلَدَهَا وَمَنْ مَعَهُمْ فَقَالَ حَمَلُ بْنُ مَالِكِ بْنِ النَّابِغَةِ الْهُذَلِيُّ يَا رَسُولَ اللَّهِ كَيْفَ أَغْرَمُ دِيَةَ مَنْ لاَ شَرِبَ وَلاَ أَكَلَ وَلاَ نَطَقَ وَلاَ اسْتَهَلَّ فَمِثْلُ ذَلِكَ يُطَلُّ فَقَالَ رَسُولُ اللَّهِ ‏ "‏ إِنَّمَا هَذَا مِنْ إِخْوَانِ الْكُهَّانِ ‏"‏ ‏.‏ مِنْ أَجْلِ سَجْعِهِ الَّذِي سَجَعَ

TOPICS
dispute  *  resolution  *  compensation  *  jidlah  *  taqrb  *  audhayl  *  diynah  *  hudhail

QUICK LESSONS:
Resolve disputes peacefully without resorting to violence , Speak truthfully , Seek justice .

EXPLANATIONS:
This hadith is about a dispute between two women from the tribe of Hudhail, where one woman threw a stone at the other and killed her. When they brought their dispute to Prophet Muhammad ﷺ, he gave judgement that a male or female slave of the best quality should be given as compensation for her unborn child, and he fixed it to be paid by the woman's relatives on the father's side. He also made her sons and those who were with them her heirs. Hamal b. Malik b. al-Nabighah al-Hudhali asked how he should be fined for someone who has not drunk, eaten or spoken or raised his voice? To this question, Prophet Muhammad ﷺ replied that this man simply belong to soothsayers on account of his rhymed prose which he has used.

This hadith teaches us about resolving disputes in an amicable manner without resorting to violence or aggression. It also teaches us about justice being served even if it means compensating someone for something they have not done yet such as an unborn child in this case. Furthermore, it teaches us against using rhymes when speaking because it can lead people astray from truthfulness and justice into superstition and falsehoods which are prohibited in Islam.

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