سنن ابي داود
Abu Dawud
كتاب الدياتTypes of Blood-Wit (Kitab Al-Diyat)
باب دِيَةِ الْجَنِينِChapter: The Diyah For A Fetus.
Hadith 4575
اُردوEn
حَدَّثَنَا عُثْمَانُ بْنُ أَبِي شَيْبَةَ ، حَدَّثَنَا يُونُسُ بْنُ مُحَمَّدٍ ، حَدَّثَنَا عَبْدُ الْوَاحِدِ بْنُ زِيَادٍ ، حَدَّثَنَا مُجَالِدٌ ، قَالَ : حَدَّثَنَا الشَّعْبِيُّ ، عَنْ جَابِرِ بْنِ عَبْدِ اللَّهِ : " أَنَّ امْرَأَتَيْنِ مِنْ هُذَيْلٍ قَتَلَتْ إِحْدَاهُمَا الْأُخْرَى وَلِكُلِّ وَاحِدَةٍ مِنْهُمَا زَوْجٌ وَوَلَدٌ ، فَجَعَلَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ دِيَةَ الْمَقْتُولَةِ عَلَى عَاقِلَةِ الْقَاتِلَةِ وَبَرَّأَ زَوْجَهَا وَوَلَدَهَا ، قَالَ : فَقَالَ : عَاقِلَةُ الْمَقْتُولَةِ مِيرَاثُهَا لَنَا ، قَالَ : فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : لَا ، مِيرَاثُهَا لِزَوْجِهَا وَوَلَدِهَا " .
Narrated Jabir ibn Abdullah: One of the two women of Hudhayl killed the other, Each of them had husband and sons. The Messenger of Allah ﷺ fixed the blood-wit for the slain woman to be paid by the woman's relatives on the father's side. He declared her husband and the child innocent. The relatives of the woman who killed said: We shall inherit from her. The Messenger of Allah ﷺ said: No, her sons and her husband should inherit from her.
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Some researchers have declared this narration to be authentic.
By (ʿāqilah) is meant those people who, after the fixed shares of inheritance have been distributed, collect the remaining wealth, such as the father, son, brother, uncle, etc. However, in this hadith, the son has been excluded from the ʿāqilah.
Some researchers have declared this narration to be authentic.
By (ʿāqilah) is meant those people who, after the fixed shares of inheritance have been distributed, collect the remaining wealth, such as the father, son, brother, uncle, etc. However, in this hadith, the son has been excluded from the ʿāqilah.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 4575
Maulana Ataullah Sajid
Benefits and Issues:
➊
Our esteemed researcher has declared the mentioned narration weak in terms of its chain of transmission, while some other scholars have considered it authentic.
For details, see: (Al-Irwa’ by Al-Albani, no. 2649, and Sahih Sunan Abi Dawud by Al-Albani, second verification, nos. 2599, 2600)
Therefore, just as the blood money (diyah) that becomes obligatory upon a man is paid by his kin group (‘aqilah), likewise, the blood money that becomes obligatory upon a woman will also be paid by her kin group (‘aqilah). (For clarification of ‘aqilah, see the benefits of Hadith: 2633)
➋
The principles of blood money (diyah) have no connection with the principles of inheritance.
The distribution of inheritance has its own principles and regulations, and it will be distributed according to them.
➌
Agnatic relatives (‘asabah) receive that wealth in inheritance which remains after the shares of the fixed-share heirs (ashab al-furud) have been given.
For details about the fixed-share heirs and their shares, one should study the books of the science of inheritance (‘ilm al-mirath).
➍
The husband is among the fixed-share heirs (ashab al-furud).
The sons are the closest agnates (‘asabah), so after giving the husband his prescribed share, the remainder of the estate will be distributed among the sons.
If the murdered woman had no sons, then the Messenger of Allah (sallallahu alayhi wa sallam) would have given the share of the husband and then handed over the remainder to those agnatic relatives (‘asabah) of the deceased who had asked about the issue.
➎
Only the heirs of the murdered person have the right to decide whether to demand retribution (qisas), accept blood money (diyah), or pardon the killer.
➊
Our esteemed researcher has declared the mentioned narration weak in terms of its chain of transmission, while some other scholars have considered it authentic.
For details, see: (Al-Irwa’ by Al-Albani, no. 2649, and Sahih Sunan Abi Dawud by Al-Albani, second verification, nos. 2599, 2600)
Therefore, just as the blood money (diyah) that becomes obligatory upon a man is paid by his kin group (‘aqilah), likewise, the blood money that becomes obligatory upon a woman will also be paid by her kin group (‘aqilah). (For clarification of ‘aqilah, see the benefits of Hadith: 2633)
➋
The principles of blood money (diyah) have no connection with the principles of inheritance.
The distribution of inheritance has its own principles and regulations, and it will be distributed according to them.
➌
Agnatic relatives (‘asabah) receive that wealth in inheritance which remains after the shares of the fixed-share heirs (ashab al-furud) have been given.
For details about the fixed-share heirs and their shares, one should study the books of the science of inheritance (‘ilm al-mirath).
➍
The husband is among the fixed-share heirs (ashab al-furud).
The sons are the closest agnates (‘asabah), so after giving the husband his prescribed share, the remainder of the estate will be distributed among the sons.
If the murdered woman had no sons, then the Messenger of Allah (sallallahu alayhi wa sallam) would have given the share of the husband and then handed over the remainder to those agnatic relatives (‘asabah) of the deceased who had asked about the issue.
➎
Only the heirs of the murdered person have the right to decide whether to demand retribution (qisas), accept blood money (diyah), or pardon the killer.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2648
