سنن نسائي
Nasai
كتاب القسامة والقود والدياتThe Book of Oaths (qasamah), Retaliation and Blood Money
بَابُ : قَتْلِ الْمَرْأَةِ بِالْمَرْأَةِChapter: Killing A Woman In Return For A Woman
Hadith 4743
اُردوEn
أَخْبَرَنَا يُوسُفُ بْنُ سَعِيدٍ ، قَالَ : حَدَّثَنَا حَجَّاجُ بْنُ مُحَمَّدٍ ، عَنْ ابْنِ جُرَيْجٍ ، قَالَ : أَخْبَرَنِي عَمْرُو بْنُ دِينَارٍ ، أَنَّهُ سَمِعَ طَاوُسًا يُحَدِّثُ ، عَنْ ابْنِ عَبَّاسٍ ، عَنْ عُمَرَ رَضِيَ اللَّهُ عَنْهُ , أَنَّهُ نَشَدَ قَضَاءَ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فِي ذَلِكَ ، فَقَامَ حَمَلُ بْنُ مَالِكٍ ، فَقَالَ : " كُنْتُ بَيْنَ حُجْرَتَيِ امْرَأَتَيْنِ , فَضَرَبَتْ إِحْدَاهُمَا الْأُخْرَى بِمِسْطَحٍ , فَقَتَلَتْهَا وَجَنِينَهَا ، فَقَضَى النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فِي جَنِينِهَا بِغُرَّةٍ وَأَنْ تُقْتَلَ بِهَا " .
´'Amr bin Dinar narrated that:` he heard Tawus narrate from Ibn 'Abbas, from 'Umar, may Allah be pleased with him, that he asked about the ruling of the Messenger of Allah concerning that. Hamal bin Malik stood up and said: "I was married to two women, and one of them struck the other with a tent pole and killed her and her fetus. The Prophet ruled that a slave be given (as Diyah) for her fetus and that she be killed (for killing the other woman)."
Explanation & Benefits
Hafiz Muhammad Ameen
(1) During the era of Umar radi Allahu anhu, perhaps a similar issue arose in which both the woman and her unborn child were killed. That is why there was a need to inquire about it. And Allah knows best!
(2) "Two women" — these two women were co-wives. Such a situation is possible between co-wives.
(3) "Blood money (diyah) for the unborn child" — When the soul has been breathed into the child, that is, when the pregnancy reaches four months, then at any time after that until birth, if the child is lost due to someone's blow, then its blood money (diyah) will be applicable in the form of a male or female slave, or their value. If, after birth, someone kills the child, even if the child has only taken a single breath, then retribution (qisas) or full blood money (diyah), i.e., one hundred camels, will have to be paid.
(4) "Ordered to kill the murderer" — That is, the murderer will be killed, even if he killed using only a stick or club, unless the heirs of the slain forgive, in which case blood money (diyah) will be due.
(2) "Two women" — these two women were co-wives. Such a situation is possible between co-wives.
(3) "Blood money (diyah) for the unborn child" — When the soul has been breathed into the child, that is, when the pregnancy reaches four months, then at any time after that until birth, if the child is lost due to someone's blow, then its blood money (diyah) will be applicable in the form of a male or female slave, or their value. If, after birth, someone kills the child, even if the child has only taken a single breath, then retribution (qisas) or full blood money (diyah), i.e., one hundred camels, will have to be paid.
(4) "Ordered to kill the murderer" — That is, the murderer will be killed, even if he killed using only a stick or club, unless the heirs of the slain forgive, in which case blood money (diyah) will be due.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4743
