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Sahih Muslim 1681c (Book 28, Hadith 50) #11502
Judgement of Diyat in Case of Killing an Unborn Child

SUMMARY: The hadith is about a judgement given by the Prophet Muhammad (PBUH) in a case of two women fighting, where one killed the other and her unborn child. The judgement was that the relative on the father's side should pay Diyat for both victims and that their sons and those with them should be their heirs.

Abu Huraira reported that two women of the tribe of Hudhail fought with each other and one of them flung a stone at the other, killing her and what was in her womb. The case was brought to Allah's Messenger ﷺ and he gave judgment that the Diyat (indemnity) of her unborn child is a male or a female slave of the best quality, and he also decided that the Diyat of the woman is to be paid by her relative on the father's side, and he (the Holy Prophet) made her sons and those who were with them her heirs. Hamal b. al-Nabigha al-Hudhali said: Messenger of Allah, why should I play blood-wit for one who neither drank, nor ate, nor spoke, nor made any noise; it is like a nonentity (it is, therefore, not justifiable to demand blood-wit for it). Thereupon Allah's Messenger ﷺ said: He seems to be one of the brothers of soothsayers on account of the rhymed speech which he has composed.
وَحَدَّثَنِي أَبُو الطَّاهِرِ، حَدَّثَنَا ابْنُ وَهْبٍ، ح وَحَدَّثَنَا حَرْمَلَةُ بْنُ يَحْيَى التُّجِيبِيُّ، أَخْبَرَنَا ابْنُ وَهْبٍ، أَخْبَرَنِي يُونُسُ، عَنِ ابْنِ شِهَابٍ، عَنِ ابْنِ الْمُسَيَّبِ، وَأَبِي، سَلَمَةَ بْنِ عَبْدِ الرَّحْمَنِ أَنَّ أَبَا هُرَيْرَةَ، قَالَ اقْتَتَلَتِ امْرَأَتَانِ مِنْ هُذَيْلٍ فَرَمَتْ إِحْدَاهُمَا الأُخْرَى بِحَجَرٍ فَقَتَلَتْهَا وَمَا فِي بَطْنِهَا فَاخْتَصَمُوا إِلَى رَسُولِ اللَّهِ ﷺ فَقَضَى رَسُولُ اللَّهِ ﷺ أَنَّ دِيَةَ جَنِينِهَا غُرَّةٌ عَبْدٌ أَوْ وَلِيدَةٌ وَقَضَى بِدِيَةِ الْمَرْأَةِ عَلَى عَاقِلَتِهَا وَوَرَّثَهَا وَلَدَهَا وَمَنْ مَعَهُمْ فَقَالَ حَمَلُ بْنُ النَّابِغَةِ الْهُذَلِيُّ يَا رَسُولَ اللَّهِ كَيْفَ أَغْرَمُ مَنْ لاَ شَرِبَ وَلاَ أَكَلَ وَلاَ نَطَقَ وَلاَ اسْتَهَلَّ فَمِثْلُ ذَلِكَ يُطَلُّ ‏.‏ فَقَالَ رَسُولُ اللَّهِ ﷺ ‏ "‏ إِنَّمَا هَذَا مِنْ إِخْوَانِ الْكُهَّانِ ‏"‏ ‏.‏ مِنْ أَجْلِ سَجْعِهِ الَّذِي سَجَعَ
TOPICS
i  *  diyat

QUICK LESSONS:
Accept God's decisions humbly without any doubt or hesitation .

EXPLANATIONS:
This hadith is about a judgement given by Prophet Muhammad ﷺ in a case between two women from Hudhail tribe who fought with each other, where one woman killed the other woman and her unborn child. The judgement was that the relative on the father's side should pay Diyat for both victims, which is an Islamic form of compensation or blood money paid to family members as recompense for death or injury caused by another person’s actions. In addition to this, it was also decided that their sons and those with them should be their heirs. Furthermore, when Hamal b. al-Nabigha al-Hudhali questioned why he should pay blood money for something which neither drank nor ate nor spoke nor made any noise, Prophet Muhammad ﷺ replied him saying he seemed to be one of brothers of soothsayers due to his rhymed speech composed. This hadith teaches us about justice being served even if it involves something nonentity like an unborn child as well as how we must not question God’s decisions but rather accept them humbly without any doubt or hesitation.

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