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الفتح الربانی
Fath al-Rabbani
أبواب الفرائضChapters on Inheritance
بَابُ أَنَّ دِيَةَ الْمَقْتُولِ لِجَمِيعِ وَرَتَيْهِ، وَمَا جَاءَ فِي ميرَاتِ الْحَمْلِ بَعْدَ وَضْعِهِ إِنِ اسْتَهَلَّChapter: That the blood money of the murdered belongs to all his heirs, and what has been reported regarding the inheritance of a fetus if it cries after birth
Hadith 6345
اُردوEn
عَنْ عُبَادَةَ بْنِ الصَّامِتِ رَضِيَ اللَّهُ عَنْهُ أَنَّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ قَضَى لِحَمْلِ بْنِ مَالِكٍ الْهُذَلِيِّ بِمِيرَاثِهِ عَنْ امْرَأَتِهِ الَّتِي قَتَلَتْهَا الْأُخْرَى وَقَضَى فِي الْجَنِينِ الْمَقْتُولِ بِغُرَّةٍ عَبْدٍ أَوْ أَمَةٍ قَالَ فَوَرِثَهَا بَعْلُهَا وَبَنُوهَا قَالَ وَكَانَ لَهُ مِنْ امْرَأَتَيْهِ كِلْتَيْهِمَا وَلَدٌ الْحَدِيثَ
Narrated from Sayyiduna ‘Ubada bin Samit (may Allah be pleased with him) that the Noble Prophet (peace and blessings be upon him) made Sayyiduna Haml bin Malik Huzali (may Allah be pleased with him) an heir to his wife, who had been killed by his other wife, from the blood money (diyah) of the murdered wife. And the Prophet (peace and blessings be upon him) ruled that, for killing the unborn child in the womb, a slave man or woman should be given. Thus, the husband of the murdered woman and her sons became her heirs. Sayyiduna Haml (may Allah be pleased with him) had children from both wives. Al-Hadith.
Brief Explanation
Benefits: … Sayyiduna Haml bin Malik radi Allahu anhu had two wives. One wife killed the other. The woman who was killed was pregnant, and thus her child was also lost. Now, the blood money (diyah) for the murdered woman was separate, and the blood money for the lost child was separate. The diyah for the child was one slave man or slave woman. The diyah for both was distributed among the murdered wife’s husband and sons.
