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Sahih al-Bukhari 6909 (Book 87, Hadith 47) #6641
Verdict on Aborted Fetus

SUMMARY: The Prophet Muhammad (PBUH) gave a verdict regarding an aborted fetus of a woman from Bani Lihyan that the killer should give a male or female slave as Diya, but if the woman who was required to give the slave died, her inheritance should be given to her children and husband and the Diya should be paid by her 'Asaba.

Narrated Abu Huraira: Allah's Messenger gave a verdict regarding an aborted fetus of a woman from Bani Lihyan that the killer (of the fetus) should give a male or female slave (as a Diya) but the woman who was required to give the slave, died, so Allah's Messenger gave the verdict that her inheritance be given to her children and her husband and the Diya be paid by her 'Asaba.
حَدَّثَنَا عَبْدُ اللَّهِ بْنُ يُوسُفَ، حَدَّثَنَا اللَّيْثُ، عَنِ ابْنِ شِهَابٍ، عَنْ سَعِيدِ بْنِ الْمُسَيَّبِ، عَنْ أَبِي هُرَيْرَةَ،‏.‏ أَنَّ رَسُولَ اللَّهِ قَضَى فِي جَنِينِ امْرَأَةٍ مِنْ بَنِي لِحْيَانَ بِغُرَّةٍ عَبْدٍ أَوْ أَمَةٍ‏.‏ ثُمَّ إِنَّ الْمَرْأَةَ الَّتِي قَضَى عَلَيْهَا بِالْغُرَّةِ تُوُفِّيَتْ، فَقَضَى رَسُولُ اللَّهِ أَنَّ مِيرَاثَهَا لِبَنِيهَا وَزَوْجِهَا، وَأَنَّ الْعَقْلَ عَلَى عَصَبَتِهَا‏.‏

TOPICS
abortion  *  verdict  *  inheritance  *  diya  *  asaba

QUICK LESSONS:
Take responsibility for your actions; Respect life even before it is born; Be accountable for your deeds; Pay diyah when someone kills an unborn baby

EXPLANATIONS:
This hadith is about a verdict given by Prophet Muhammad ﷺ regarding an aborted fetus of a woman from Bani Lihyan. According to this hadith, if someone kills an unborn baby, they must pay diyah which is either in form of money or slaves. However, if the person responsible for paying diyah dies before doing so then their inheritance will go to their children and husband while their ‘asaba will pay for it. This hadith teaches us that we must take responsibility for our actions and not try to escape them even after death. It also teaches us that we must respect life even before it is born as Allah has created every soul with its own unique purpose in life.

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