Chapter: The Diyah For A Fetus.

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.

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-Miswar bin Makhramah: Umar consulted the people about the compensation of abortion of woman. Al-Mughirah bin Shubah said: I was present with the Messenger of Allah ﷺ when he gave judgement that a male or female slave should testify you. So he brought Muhammad bin Maslamah to him. Harun added: He then testified him. Imlas means a man striking the belly of his wife. Abu Dawud said: I have been informed that Abu Ubaid said: It (abortion) is called imlas because the woman causes it to slip before the time of delivery. Similarly, anything which slips from the hand or from some other thing is called malasa (slipped).

The tradition mentioned above has also been transmitted by Umar through a different chain of narrators to the same effect. Abu Dawud said: Hammad bin Zaid and Hammad bin Salamah transmitted it from Hisham bin 'Arubah on his father's authority who said that Umar said. . .

Narrated Ibn Abbas: Umar asked about the decision of the Prophet ﷺ about that (i. e. abortion). Haml bin Malik bin al-Nabhigah got up and said: I was between two women. One of them struck another with a rolling-pin killing both her and what was in her womb. So the Messenger of Allah ﷺ gave judgement that the bloodwit for the unborn child should be a male or a female slave of the best quality and the she should be killed. Abu Dawud said: Al-Nadr bin Shumail said: Mistah means a rolling-pin. Abu Dawud said: Abu Ubaid said: Mistah means a pole from the tent-poles.

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". Umar then said: Allah is Most Great. Had I not heard it, we would have decided about it something else.

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 paid by the woman's relatives on the father's side. Her uncle said: Messenger of Allah! She has aborted a child who had grown hair. The father of the woman who had slain said: He is a liar: I swear by Allah, he did not raise his voice, or drink or eat. No compensation is to be paid for an offence like this. The Prophet ﷺ said: is it a rhymed prose of pre-Islamic Arabia and its soothsaying? Pay a male or female slave of the best quality in compensation for the child. Ibn Abbas said: The name of one of them was Mulaikah, and the name of the other was Umm Ghutaif.

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.

Narrated Abu Hurairah: Two women of Hudhail fought together and one of them threw a stone at the other and killed her. They brought their dispute to the Messenger of Allah ﷺ who gave judgement that a male or female slave of the best quality should be given as compensation for her unborn child, and he fixed it to be paid by the woman's relatives on the father's side. He made her sons and those who were with them her heirs. Hamal bin Malik bin al-Nabighah al-Hudhali said: Messenger of Allah! how should I be fined for one who has not drunk, or eaten or spoken, or raised his voice? - adding that compensation is not to be paid for such (an offense). The Messenger of Allah ﷺ said: This man simply belong to the soothsayers on account of his rhymed prose which he has used.

Narrated Abu Hurairah: About this story: Then the woman, against whom he decided that a male or female should be paid for her, died. The Messenger of Allah ﷺ then gave judgement that her sons will inherit from her, and the bloodwit should be paid by her relatives on the father's side.

Narrated Buraydah ibn al-Hasib: A woman threw a stone at another woman and she aborted. The dispute was brought to the Messenger of Allah ﷺ. He gave judgment that five hundred sheep should be paid for her (unborn) child, and forbade throwing stones. Abu Dawud said: The version of this tradition goes in this way, i. e. five hundred sheep. What is correct is one hundred sheep. Abu Dawud said: Abbas transmitted this tradition this way, but it is misunderstanding.

Narrated Abu Hurairah: The Messenger of Allah ﷺ gave judgment that a male or a female slave, or a horse or a mule should be paid for a miscarriage. Abu Dawud said: Hammad bin Salamah and Khalid bin Abdullah transmitted this tradition from Muhammad bin Amr, but they did not mention "or a horse or a mule"

Narrated Al-Shabi: The price of a male or a female slave is five hundred dirhams. Abu Dawud said: Rabiah said: The price of a male or a female slave is fifty dinars.