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سنن دارمي
Darimi
من كتاب الدياتFrom the Book of Blood Money
باب في دِيَةِ الْجَنِينِ:Chapter: Blood Money for the Fetus
Hadith 2417
اُردوEn
حَدَّثَنَا أَبُو الْوَلِيدِ، حَدَّثَنَا شُعْبَةُ، عَنْ مَنْصُورٍ، عَنْ إِبْرَاهِيمَ، عَنْ عُبَيْدِ بْنِ نُضَيْلَةَ، عَنِ الْمُغِيرَةِ بْنِ شُعْبَةَ، عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: "أَنَّ امْرَأَتَيْنِ كَانَتَا تَحْتَ رَجُلٍ، فَتَغَايَرَتَا، فَضَرَبَتْ إِحْدَاهُمَا الْأُخْرَى بِعَمُودٍ، فَقَتَلَتْهَا وَمَا فِي بَطْنِهَا، فَاخْتَصَمَا إِلَى رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَضَى فِيهِ غُرَّةً، وَجَعَلَهَا عَلَى عَاقِلَةِ الْمَرْأَةِ".
It is narrated from Sayyiduna Mughirah bin Shu’bah (may Allah be pleased with him), who narrates from the Noble Prophet (peace and blessings be upon him) that two women were married to one man. Due to jealousy, they became involved in a dispute, so one struck the other with an iron rod, causing the second woman to die, and the child in her womb also died. People brought this dispute to the Messenger of Allah (peace and blessings be upon him), so he (peace and blessings be upon him) ruled that for the child, the blood money of a male or female slave should be given, and he placed the blood money of the woman upon the ‘aqilah (male relatives responsible for blood money) of the woman who struck.
Brief Explanation
(In Explanation of Hadith 2416)
There are two blood monies (diyah) in this case.
One is the diyah for the woman, and the other is the diyah for the unborn child in the womb.
So, the Messenger of Allah (sallallahu alayhi wa sallam) placed the diyah for the killed woman upon the ‘aqilah (male relatives on the father’s side) of the woman who committed the killing, not upon her husband. By ‘aqilah is meant the father’s side, that is, paternal relatives and members of the same tribe. Then, the heirs of this diyah were determined to be the sons and husband of the murdered woman. The family of the woman who committed the killing objected to this, which will be mentioned further ahead. And for the miscarriage, that is, for the child dying in the mother’s womb, the Messenger of Allah (sallallahu alayhi wa sallam) also ordered the ‘aqilah of this woman to free a male or female slave. Since a stick is not a weapon of killing, the Messenger of Allah (sallallahu alayhi wa sallam) considered this as quasi-intentional killing (shibh al-‘amd) or accidental killing (qatl al-khata’), and therefore made diyah obligatory in it. And contrary to the usual rule, he made the diyah obligatory upon the ‘aqilah instead of the killer herself, because this crime did not occur from the killer intentionally or deliberately, so that everyone would have sympathy and compassion for her. (And Allah knows best).
There are two blood monies (diyah) in this case.
One is the diyah for the woman, and the other is the diyah for the unborn child in the womb.
So, the Messenger of Allah (sallallahu alayhi wa sallam) placed the diyah for the killed woman upon the ‘aqilah (male relatives on the father’s side) of the woman who committed the killing, not upon her husband. By ‘aqilah is meant the father’s side, that is, paternal relatives and members of the same tribe. Then, the heirs of this diyah were determined to be the sons and husband of the murdered woman. The family of the woman who committed the killing objected to this, which will be mentioned further ahead. And for the miscarriage, that is, for the child dying in the mother’s womb, the Messenger of Allah (sallallahu alayhi wa sallam) also ordered the ‘aqilah of this woman to free a male or female slave. Since a stick is not a weapon of killing, the Messenger of Allah (sallallahu alayhi wa sallam) considered this as quasi-intentional killing (shibh al-‘amd) or accidental killing (qatl al-khata’), and therefore made diyah obligatory in it. And contrary to the usual rule, he made the diyah obligatory upon the ‘aqilah instead of the killer herself, because this crime did not occur from the killer intentionally or deliberately, so that everyone would have sympathy and compassion for her. (And Allah knows best).
