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Sunan an-Nasai 4828 (Book 45, Hadith 123) #19361
Paying Diyah for Stillborn Babies

SUMMARY: The Prophet ruled that the killer of a baby must pay Diyah, even if the baby was stillborn.

It was narrated that Ibn 'Abbas said; "There were two women neighbors between whom there was some trouble. One of them threw a rock at the other a she miscarried a boy - whose hair had already grown -0 who was or dead, and the woman died too. He ruled that the 'Aqilah had to pay the Diyah. Her paternal uncle said: 'O Messenger of Allah, she miscarried a boy whose hair had grown'. The father of the killer said: "He is lying. By Allah he never cried or shouted (at the moment of birth), nor drank nor ate. Such a one should be overlooked'. The Prophet said: 'rhyming verse like the verse of the Jahiliyyah and of its soothsayers? A slave must be given (as Diyah) for the boy, ''' Ibn 'Abbes said; "One of then was Mulaikah and the other was Umm Ghatif".
أَخْبَرَنَا أَحْمَدُ بْنُ عُثْمَانَ بْنِ حَكِيمٍ، قَالَ حَدَّثَنَا عَمْرٌو، عَنْ أَسْبَاطٍ، عَنْ سِمَاكٍ، عَنْ عِكْرِمَةَ، عَنِ ابْنِ عَبَّاسٍ، قَالَ كَانَتِ امْرَأَتَانِ جَارَتَانِ كَانَ بَيْنَهُمَا صَخَبٌ فَرَمَتْ إِحْدَاهُمَا الأُخْرَى بِحَجَرٍ فَأَسْقَطَتْ غُلاَمًا قَدْ نَبَتَ شَعْرُهُ مَيْتًا وَمَاتَتِ الْمَرْأَةُ فَقَضَى عَلَى الْعَاقِلَةِ الدِّيَةَ ‏.‏ فَقَالَ عَمُّهَا إِنَّهَا قَدْ أَسْقَطَتْ يَا رَسُولَ اللَّهِ غُلاَمًا قَدْ نَبَتَ شَعْرُهُ ‏.‏ فَقَالَ أَبُو الْقَاتِلَةِ إِنَّهُ كَاذِبٌ إِنَّهُ وَاللَّهِ مَا اسْتَهَلّ وَلاَ شَرِبَ وَلاَ أَكَلْ فَمِثْلُهُ يُطَلّ ‏.‏ قَالَ النَّبِيُّ ﷺ ‏ "‏ أَسَجْعٌ كَسَجْعِ الْجَاهِلِيَّةِ وَكِهَانَتِهَا إِنَّ فِي الصَّبِيِّ غُرَّةً ‏"‏ ‏.‏ قَالَ ابْنُ عَبَّاسٍ كَانَتْ إِحْدَاهُمَا مُلَيْكَةَ وَالأُخْرَى أُمَّ غَطِيفٍ
TOPICS
stillborn  *  baby  *  miscarriage  *  diyah

QUICK LESSONS:
Respect life in all its forms, Be held accountable for your actions .

EXPLANATIONS:
This hadith is about a situation between two women neighbors who got into an altercation. One of them threw a rock at the other and as a result, she miscarried her unborn child who had already grown hair. Both the woman and her unborn child died due to this incident. The Prophet then ruled that the killer must pay diyah or compensation for this crime, even though it was an unborn child whose hair had grown. This ruling shows us how important it is to respect life in all its forms and how we should be held accountable for our actions no matter what form they take in. It also teaches us that justice should be served regardless of whether or not someone has been born yet or not; everyone deserves justice and protection from harm regardless of their age or stage in life.

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