صحيح مسلم
Muslim
كتاب القسامة والمحاربين والقصاص والدياتThe Book of Muharibin, Qasas (Retaliation), and Diyat (Blood Money)
باب دِيَةِ الْجَنِينِ وَوُجُوبِ الدِّيَةِ فِي قَتْلِ الْخَطَإِ وَشِبْهِ الْعَمْدِ عَلَى عَاقِلَةِ الْجَانِي:Chapter: The Diyah for a fetus; and the Diyah for accidental killing and the ambiguous killing must be paid by the shahiqilah of the killer
Hadith 1689
وحَدَّثَنَا أَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ ، وَأَبُو كُرَيْبٍ ، وَإِسْحَاقُ بْنُ إِبْرَاهِيمَ وَاللَّفْظُ لِأَبِي بَكْرٍ ، قَالَ إِسْحَاقُ أَخْبَرَنَا ، وَقَالَ الآخران حَدَّثَنَا وَكِيعٌ ، عَنْ هِشَامِ بْنِ عُرْوَةَ عَنْ أَبِيهِ ، عَنْ الْمِسْوَرِ بْنِ مَخْرَمَةَ ، قَالَ : اسْتَشَارَ عُمَرُ بْنُ الْخَطَّابِ النَّاسَ فِي إِمْلَاصِ الْمَرْأَةِ ، فَقَال الْمُغِيرَةُ بْنُ شُعْبَةَ ، : " شَهِدْتُ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَضَى فِيهِ بِغُرَّةٍ عَبْدٍ أَوْ أَمَةٍ " ، قَالَ : فَقَالَ : عُمَرُ ائْتِنِي بِمَنْ يَشْهَدُ مَعَكَ ، قَالَ : فَشَهِدَ لَهُ مُحَمَّدُ بْنُ مَسْلمَةَ .
Miswar bin Makhrama reported that 'Umar bin Khattab consulted people about the diyat of abortion of an unboam child. Mughira bin Shu'bahh said: I bear witness to the fact that Allah's Messenger (ﷺ) gave judgment about it that a good quality of slave or female slave should be given for it. Thereupon 'Umar said: Bring one who may bear witness to you. Then Muhammad bin Maslama bore witness to him.
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وحَدَّثَنِي سَلَمَةُ بْنُ شَبِيبٍ ، حَدَّثَنَا الْحَسَنُ بْنُ أَعْيَنَ ، حَدَّثَنَا مَعْقِلٌ ، عَنْ أَبِي الزُّبَيْرِ ، عَنْ جَابِرٍ ، " أَنَّ امْرَأَةً مِنْ بَنِي مَخْزُومٍ سَرَقَتْ ، فَأُتِيَ بِهَا النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَعَاذَتْ بِأُمِّ سَلَمَةَ زَوْجِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَقَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " وَاللَّهِ لَوْ كَانَتْ فَاطِمَةُ لَقَطَعْتُ يَدَهَا " فَقُطِعَتْ .
Jaibir reported that a woman from the tribe of Makhzum committed theft. She was brought to Allah's Apostle (ﷺ) and she sought refuge (intercession) from Umm Salamah, the wife of Allah's Apostle (ﷺ) . Thereupon Allah's Apostle (ﷺ) said: By Allah, even if she were Fatima, I would have her hand cut off. And thus her hand was cut off.
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Related hadith on this topic
Explanation & Benefits
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary:
Vocabulary of the Hadith:
Mulas:
Which is generally referred to as "imlas,"
its meaning:
Janin,
the child in the womb.
Benefits and Issues:
Umar radi Allahu anhu, in order to attain certainty and assurance (confidence and conviction),
regarding such an issue whose ruling he did not know and he thought that there was no statement of the Messenger of Allah sallallahu alayhi wa sallam about it, or it was not commonly discussed among the people,
would request witnesses so that people would exercise complete caution and care in narrating hadiths,
and would not display any kind of negligence or laziness.
Vocabulary of the Hadith:
Mulas:
Which is generally referred to as "imlas,"
its meaning:
Janin,
the child in the womb.
Benefits and Issues:
Umar radi Allahu anhu, in order to attain certainty and assurance (confidence and conviction),
regarding such an issue whose ruling he did not know and he thought that there was no statement of the Messenger of Allah sallallahu alayhi wa sallam about it, or it was not commonly discussed among the people,
would request witnesses so that people would exercise complete caution and care in narrating hadiths,
and would not display any kind of negligence or laziness.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 4397
Maulana Ataullah Sajid
Benefits and Issues:
➊ Umar radi Allahu anhu did not doubt the narration of Mughira radi Allahu anhu, but rather, for further assurance, he requested a second witness.
➋ The reason for this was that this issue holds the status of a legal ruling, therefore complete certainty is necessary.
➌ Another important reason was that when ordinary people see that Umar radi Allahu anhu is strict even with the senior Companions radi Allahu anhum regarding hadith, they will refrain from narrating hadith without proper verification.
And Allah knows best.
➊ Umar radi Allahu anhu did not doubt the narration of Mughira radi Allahu anhu, but rather, for further assurance, he requested a second witness.
➋ The reason for this was that this issue holds the status of a legal ruling, therefore complete certainty is necessary.
➌ Another important reason was that when ordinary people see that Umar radi Allahu anhu is strict even with the senior Companions radi Allahu anhum regarding hadith, they will refrain from narrating hadith without proper verification.
And Allah knows best.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2640
