Fath al-Rabbani

It is narrated from Sayyiduna ‘Ubada bin Samit (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) gave the ruling that the ear is without compensation, the well is without compensation, and the wound of a beast is without compensation. By ‘ajma’ is meant a quadruped, and by ‘jubār’ is meant something that is wasted, for which no blood money is paid. He ruled that one-fifth is to be taken from buried treasure (rikāz). He ruled that the fruit of a date-palm tree belongs to the one who grafted it, unless the buyer stipulates at the time of purchase to take it. He ruled that the property of a sold slave belongs to the seller, unless the buyer stipulates at the time of the transaction. He ruled that the child belongs to the one on whose bed it is born, and for the adulterer there are stones (i.e., stoning). The Prophet (peace and blessings be upon him) ruled the right of pre-emption (shuf‘a) for partners in land and houses. He ruled that Sayyiduna Haml bin Malik (may Allah be pleased with him) should be given his share from the inheritance of his wife, whom his other wife had killed. The Prophet (peace and blessings be upon him) ruled that the blood money for a fetus killed in the womb is a slave man or woman, and said that the husband of the murdered woman and her sons will be her heirs. Haml bin Malik (may Allah be pleased with him) had children from both wives. The father of the killer said: O Messenger of Allah! How can I pay blood money for one who neither cried out, nor screamed, nor drank, nor ate? Such a case should be void and wasted. But the Messenger of Allah (peace and blessings be upon him) said: This is the rhyming speech of soothsayers. The Prophet (peace and blessings be upon him) ruled regarding the platform that was in the way and whose owners intended to build upon it, that seven hand-spans of the path should be left before building, and that it would be a public thoroughfare. He ruled that when people dispute over one, two, or three date-palm trees, the area up to the extent of each tree’s branches will belong to the owner. He ruled that when irrigating date-palms from flowing water in canals, the upper land should be irrigated first until the water reaches the ankles, then it should be let down to the adjacent lower land, and so on, until the gardens or the water run out. The Prophet (peace and blessings be upon him) ruled that a woman may not give away her wealth without her husband’s permission. He ruled that two grandmothers will receive one-sixth from inheritance, divided equally between them. He ruled that whoever frees his share in a jointly owned slave, if he has wealth, must free the entire slave. The Messenger of Allah (peace and blessings be upon him) ruled that (one who causes loss to his brother by reducing his right) and (causing more harm than the harm received) is not permissible. The Messenger of Allah (peace and blessings be upon him) ruled that an oppressor has no right to the root (of a tree). The Prophet (peace and blessings be upon him) ruled among the people of Madinah regarding date-palms that surplus water from wells should not be withheld. He ruled among the villagers that surplus water should not be withheld so as to prevent people from surplus grass. He ruled that in major blood money (diyat-e-kubra) there should be thirty two-year-old camels, thirty three-year-old camels, and forty pregnant camels. He ruled that in minor blood money (diyat-e-sughra) there should be thirty two-year-old camels, thirty three-year-old camels, twenty one-year-old camels, and twenty one-year-old male camels. Then, after the death of the Messenger of Allah (peace and blessings be upon him), when camels became expensive and dirhams became cheap during the time of Sayyiduna ‘Umar (may Allah be pleased with him), he set the price of the blood money camels at six thousand dirhams, valuing one camel at one uqiyyah. Later, when camels became more expensive and dirhams depreciated, Sayyiduna ‘Umar (may Allah be pleased with him) set the price of each camel at two uqiyyahs, increasing the total by two thousand dirhams. Then, when camels became even more expensive and dirhams depreciated further, he set the price of each camel at three uqiyyahs, making the total twelve thousand dirhams. He added one-third to the blood money in the sacred month, and another one-third in the sacred city, so the blood money for these two sanctities became twenty thousand dirhams. Sayyiduna ‘Umar (may Allah be pleased with him) said that blood money should be taken from the livestock of the villagers, and they should not be obliged to pay in gold and silver; the compensation should be taken from the wealth that each people possess, according to their means.

Narrated from Sayyiduna ‘Ubada bin Samit (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) gave the verdict that the ear is forfeited, … then he mentioned the previous narration of Abu Kamil in full, but mentioned the difference of two narrators: one said "min qada’i Rasulillah (peace and blessings be upon him)" and the other said "inna min qada’i Rasulillah (peace and blessings be upon him)", and then narrated the entire hadith.