Mishkat al-Masabih 3509 — Retaliation

Said ibn al-Musayyab Narrated from:

God’s Messenger gave judgment that a male or girl slave of the best quality should be paid for a child which is killed in its mother’s womb. When the one against whom this judgment was given asked, “How should I be fined for one who has not eaten or drunk, or spoken, or raised his voice?” adding that compensation is not to be paid for such, God’s Messenger said, “This man simply belongs to the kahins.”* Malik and Nasa’i transmitted it in mursal form, but Abu Dawud transmitted it on his authority (i.e. Sa'id’s) on the authority of Abu Huraira with a fully connected isnad. * There is a suggestion of rhyme in the Arabic used by the man who asked the question, so he is compared to the kahins who made their utterances in this form.