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Sahih al-Bukhari 5758 (Book 76, Hadith 73) #5524
Judgement of Unborn Child's Blood Money

SUMMARY: The Prophet ﷺ gave a judgement in a case between two women of the Hudhail tribe, where one had hit the other with a stone and killed her unborn child.

Narrated Abu Huraira: Allah's Messenger gave his verdict about two ladies of the Hudhail tribe who had fought each other and one of them had hit the other with a stone. The stone hit her 'Abdomen and as she was pregnant, the blow killed the child in her womb. They both filed their case with the Prophet and he judged that the blood money for what was in her womb. was a slave or a female slave. The guardian of the lady who was fined said, "O Allah's Messenger ! Shall I be fined for a creature that has neither drunk nor eaten, neither spoke nor cried? A case like that should be nullified". On that the Prophet said, "This is one of the brothers of soothsayers.
حَدَّثَنَا سَعِيدُ بْنُ عُفَيْرٍ، حَدَّثَنَا اللَّيْثُ، قَالَ حَدَّثَنَا عَبْدُ الرَّحْمَنِ بْنُ خَالِدٍ، عَنِ ابْنِ شِهَابٍ، عَنْ أَبِي سَلَمَةَ، عَنْ أَبِي هُرَيْرَةَ، أَنَّ رَسُولَ اللَّهِ قَضَى فِي امْرَأَتَيْنِ مِنْ هُذَيْلٍ اقْتَتَلَتَا، فَرَمَتْ إِحْدَاهُمَا الأُخْرَى بِحَجَرٍ، فَأَصَابَ بَطْنَهَا وَهْىَ حَامِلٌ، فَقَتَلَتْ وَلَدَهَا الَّذِي فِي بَطْنِهَا فَاخْتَصَمُوا إِلَى النَّبِيِّ فَقَضَى أَنَّ دِيَةَ مَا فِي بَطْنِهَا غُرَّةٌ عَبْدٌ أَوْ أَمَةٌ، فَقَالَ وَلِيُّ الْمَرْأَةِ الَّتِي غَرِمَتْ كَيْفَ أَغْرَمُ يَا رَسُولَ اللَّهِ مَنْ لاَ شَرِبَ، وَلاَ أَكَلَ، وَلاَ نَطَقَ، وَلاَ اسْتَهَلَّ، فَمِثْلُ ذَلِكَ يُطَلّ فَقَالَ النَّبِيُّ ‏ "‏ إِنَّمَا هَذَا مِنْ إِخْوَانِ الْكُهَّانِ

TOPICS
bloodmoney

QUICK LESSONS:
Seek justice when wronged .

EXPLANATIONS:
This hadith is about a case between two women from the Hudhail tribe. One woman had hit the other with a stone, which caused her to lose her unborn child. The Prophet (ﷺ) was asked to judge this case and he ruled that the woman who caused harm should pay blood money for what was in her womb - either in form of slave or female slave. When asked if this ruling should be nullified as it was an unborn child that has neither drunk nor eaten, neither spoke nor cried, he said that it is one of the brothers of soothsayers. This teaches us that even though an unborn child has not yet been born into this world, its life still holds value and must be respected by all means necessary. We must also remember to always seek justice when wronged and never take matters into our own hands as Allah will always provide us with justice through His messengers on earth such as prophets or judges appointed by Him.

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