Two women from the Hudhayl tribe fought each other. One of them threw a stone at the other, killing her along with what was in her womb.

Explanation

Two women, co-wives from the Hudhayl tribe fought each other. One of them threw a little stone that does not normally cause death at the other, but it killed her along with the fetus that she had in her womb. The Prophet (may Allah's peace and blessings be upon him) judged that the blood money of the fetus is a male or female slave, whether the fetus was male or female, to be paid by the killer. Moreover, he judged that blood money was due for the killed woman, as the killing was semi-intentional, and that it should be paid by the killer’s male relatives on the father's side, since their relationship is based upon mutual support and equity, and because the murder was unintentional. Since the blood money was an inheritance related to the killed woman, it was given to her children and other rightful inheritors. However, her male relatives on the father’s side were entitled to nothing thereof. Upon that, Hamal ibn An-Nābighah, the killer’s father, said: "O Messenger of Allah, how could we be obliged to pay blood money for one who died before birth, and he did not eat, drink, or make any utterance so that it could be known THAT he was alive!" He made this statement in an oratory rhymed style. The Prophet (may Allah's peace and blessings be upon him) apparently disliked this man's statement, which implied his rejection of the Shar‘i rulings and involved use of rhymed phrases resembling those employed by diviners as a means whereby they devour people’s wealth unlawfully.

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