سنن ابي داود
Abu Dawud
كتاب الدياتTypes of Blood-Wit (Kitab Al-Diyat)
باب دِيَةِ الْجَنِينِChapter: The Diyah For A Fetus.
Hadith 4568
اُردوEn
حَدَّثَنَا حَفْصُ بْنُ عُمَرَ النَّمَرِيُّ ، حَدَّثَنَا شُعْبَةُ ، عَنْ مَنْصُورٍ ، عَنْ إِبْرَاهِيمَ ، عَنْ عُبَيْدِ بْنِ نَضْلَةَ ، عَنِ الْمُغِيَرةِ بْنِ شُعْبَةَ : " أَنَّ امْرَأَتَيْنِ كَانَتَا تَحْتَ رَجُلٍ مِنْ هُذَيْلٍ فَضَرَبَتْ إِحْدَاهُمَا الْأُخْرَى بِعَمُودٍ فَقَتَلَتْهَا وَجَنِينَهَا ، فَاخْتَصَمُوا إِلَى النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَقَالَ أَحَدُ الرَّجُلَيْنِ : كَيْفَ نَدِي مَنْ لَا صَاحَ وَلَا أَكَلَ وَلَا شَرِبَ وَلَا اسْتَهَلَّ ؟ فَقَالَ : أَسَجْعٌ كَسَجْعِ الْأَعْرَابِ ، فَقَضَى فِيهِ بِغُرَّةٍ وَجَعَلَهُ عَلَى عَاقِلَةِ الْمَرْأَةِ " .
Narrated Al-Mughirah bin Shubah: 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: How can we pay bloodwit for the one who did not make a noise, or ate, nor drank, nor raised his voice ? He (the Prophet) asked: Is it rhymed prose like that of bedouin? He gave judgement that a male or female slave of the best quality should be paid in compensation, and he fixed it to be paid by woman's relatives on her father's side.
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
➊ If a woman commits a crime, then its blood money (diyah) is the responsibility of her heirs.
➋ If a fetus is killed, then its blood money (diyah) is one slave.
➌ Among the ignorant, speaking with affectation is considered blameworthy; in another narration, it is likened to the rhymed prose (saj‘) of the ignorant and soothsayers.
➊ If a woman commits a crime, then its blood money (diyah) is the responsibility of her heirs.
➋ If a fetus is killed, then its blood money (diyah) is one slave.
➌ Among the ignorant, speaking with affectation is considered blameworthy; in another narration, it is likened to the rhymed prose (saj‘) of the ignorant and soothsayers.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 4568
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
This hadith is foundational regarding the second category of killing, "shibh al-‘amd" (quasi-intentional homicide).
Shibh al-‘amd:
It is that type of killing in which such objects are used for the act of killing that ordinarily do not cause death, such as:
a stick or other similar items.
In this case, a "mughallazah" (aggravated) blood money (diyah) is taken.
This is one hundred camels,
of which forty must be pregnant she-camels.
The responsibility for this blood money lies upon the ‘asabah (agnates) of the killer,
and these are those people who are the close or distant relatives of the killer from the father's side,
even if they are not among his heirs.
1:
This hadith is foundational regarding the second category of killing, "shibh al-‘amd" (quasi-intentional homicide).
Shibh al-‘amd:
It is that type of killing in which such objects are used for the act of killing that ordinarily do not cause death, such as:
a stick or other similar items.
In this case, a "mughallazah" (aggravated) blood money (diyah) is taken.
This is one hundred camels,
of which forty must be pregnant she-camels.
The responsibility for this blood money lies upon the ‘asabah (agnates) of the killer,
and these are those people who are the close or distant relatives of the killer from the father's side,
even if they are not among his heirs.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1411
Maulana Ataullah Sajid
Commentary: ➊
By "aqilah" is meant the relatives who are on the father's side, that is, paternal relatives. ➋
In the aqilah, first come brothers and nephews, etc., then the children of paternal cousins, that is, the grandsons of one grandfather, then the children of the grandfather's brothers, and so on. ➌
The wisdom in assigning the payment of blood money (diyah) to the aqilah is that they can collectively pay the diyah, so that the burden does not fall unbearably on one or a few individuals. ➍
Another wisdom in collecting the diyah from the clan is that these people usually support each other in fights and disputes.
And if someone commits a killing, he thinks that his clan is present to help him.
When the responsibility of diyah falls upon the clan, they will try to prevent the criminal from committing the crime, and will not encourage him.
By "aqilah" is meant the relatives who are on the father's side, that is, paternal relatives. ➋
In the aqilah, first come brothers and nephews, etc., then the children of paternal cousins, that is, the grandsons of one grandfather, then the children of the grandfather's brothers, and so on. ➌
The wisdom in assigning the payment of blood money (diyah) to the aqilah is that they can collectively pay the diyah, so that the burden does not fall unbearably on one or a few individuals. ➍
Another wisdom in collecting the diyah from the clan is that these people usually support each other in fights and disputes.
And if someone commits a killing, he thinks that his clan is present to help him.
When the responsibility of diyah falls upon the clan, they will try to prevent the criminal from committing the crime, and will not encourage him.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2633
Hafiz Muhammad Ameen
(1) "Such a child" refers to one who was not born alive, but rather passed away before birth.
(2) "Like the Bedouins" — The Bedouin people used to speak eloquent and articulate language and were poets of the highest order; moreover, they would compose rhymed prose (saj‘).
(3) "Rhymed composition" (takbandi) refers to rhymed prose (saj‘) in which the sentences are harmonious, and at the end of each sentence similar words appear, as is the case in poetry, though the meter is not the same.
(4) In this narration, it is mentioned that the woman struck with the tent pole, i.e., a piece of wood, whereas in some narrations it is mentioned that she struck with a stone. The reconciliation between these is that it is possible she struck with both objects; one narrator mentioned one, another mentioned the other. And Allah knows best.
(2) "Like the Bedouins" — The Bedouin people used to speak eloquent and articulate language and were poets of the highest order; moreover, they would compose rhymed prose (saj‘).
(3) "Rhymed composition" (takbandi) refers to rhymed prose (saj‘) in which the sentences are harmonious, and at the end of each sentence similar words appear, as is the case in poetry, though the meter is not the same.
(4) In this narration, it is mentioned that the woman struck with the tent pole, i.e., a piece of wood, whereas in some narrations it is mentioned that she struck with a stone. The reconciliation between these is that it is possible she struck with both objects; one narrator mentioned one, another mentioned the other. And Allah knows best.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4825
Hafiz Muhammad Ameen
The aforementioned hadith has been narrated as marfu‘ (attributed directly to the Prophet sallallahu alayhi wa sallam) and muttasil (with a connected chain) by many hadith scholars. However, Imam A‘mash has narrated this report from Ibrahim as mursal (with a missing link), as will be seen in the following narration: "Al-A‘mash from Ibrahim, who said: 'A woman was struck...'"
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4830
