Types of Blood-Wit (Kitab Al-Diyat) · The Diyah For A Fetus
Arabic
حَدَّثَنَا عُثْمَانُ بْنُ أَبِي شَيْبَةَ، حَدَّثَنَا جَرِيرٌ، عَنْ مَنْصُورٍ، بِإِسْنَادِهِ وَمَعْنَاهُ . وَزَادَ فَجَعَلَ النَّبِيُّ صلى الله عليه وسلم دِيَةَ الْمَقْتُولَةِ عَلَى عَصَبَةِ الْقَاتِلَةِ وَغُرَّةً لِمَا فِي بَطْنِهَا . قَالَ أَبُو دَاوُدَ وَكَذَلِكَ رَوَاهُ الْحَكَمُ عَنْ مُجَاهِدٍ عَنِ الْمُغِيرَةِ .
English translation
The tradition mentioned above has also been transmitted by Mansur through a different chain of narrators and to the same effect. This version adds: The Prophet (ﷺ) fixed the bloodwit for the slain woman to be paid by the relatives of the woman who had slain her, on the father's side.
Abu Dawud said: In a similar way it has been transmitted by al-Hakam from Mujahid from al-Mughirah.
Narrated Al-Mughirah b. Shu'bah:
A man of Hudhail has two wives. One of them struck her fellow-wife with a tent-pole and killed her and her unborn child. They brought the dispute to the Prophet (ﷺ). One of two men said:…
Narrated Al-Miswar b. Makhramah:
'Umar consulted the people about the compensation of abortion of woman. Al-Mughirah b. Shu'bah said: I was present with the Messenger of Allah (ﷺ) when he gave judgement that a male or f…
The tradition mentioned above has also been transmitted by 'Umar through a different chain of narrators to the same effect.
Abu Dawud said: Hammad b. Zaid and Hammad b. Salamah transmitted it from Hisham b. 'Arubah on h…
Narrated Ibn 'Abbas:
'Umar asked about the decision of the Prophet (ﷺ) about that (i.e. abortion). Haml b. Malik b. al-Nabhigah got up and said: I was between two women. One of them struck another with a rolling-pin kil…
Narrated Tawus:
Umar stood on the pulpit. He then mentioned the rest of the tradition to the same effect as mentioned before. He did not mention "that she should be killed". This version adds: "a male or a female slave"…
Narrated Abdullah ibn Abbas:
About the story of Haml ibn Malik, Ibn Abbas said: She aborted a child who had grown hair and was dead, and the woman also died. He (the Prophet) gave judgment that the blood-wit was to be p…