Narrated `Urwa: I heard Al-Maghira bin Shu`ba narrating that `Umar had consulted them about the case of abortion (similarly as narrated in No. 42).
قَالَ : ائْتِ مَنْ يَشْهَدُ مَعَكَ عَلَى هَذَا ، فَقَالَ
مُحَمَّدُ بْنُ مَسْلَمَةَ : أَنَا أَشْهَدُ عَلَى النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ بِمِثْلِ هَذَا " .
Umar said, "Present a witness to testify your statement." Muhammad bin Maslama said, "I testify that the Prophet gave such a judgment."
Explanation & Benefits
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
When the child is still in the woman's womb, it is called a "janin" (fetus) because it is hidden from sight, and when the child is born, it is called "walad" (child).
If it is born dead, it is called "saqt" (stillborn).
The expulsion of a dead child from the woman's womb is also referred to as "imlas".
(2)
Hafiz Ibn Hajar rahimahullah states:
The jurists have stipulated the condition for the obligation of a male or female slave (as blood money) that the fetus must be delivered dead from the mother's womb, and if it is delivered alive, then retaliation (qisas) or blood money (diyah) will be obligatory.
(Fath al-Bari: 12/313)
If the fetus is delivered dead after the mother's death, then it is obligatory upon the killer to pay the blood money for the mother and to give a male or female slave for the fetus.
There is no difference whether the fetus is delivered dead after the mother's death or is delivered dead during her lifetime.
And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6908