28/11. Chapter:
Sahih Muslim 1681b — Inheritance and Blood-Wit
The Diyah for a fetus; and the Diyah for accidental killing and the ambiguous killing must be paid by the shahiqilah of the killer
Blood-Wit for Unborn Child and Inheritance: Sahih Muslim 1681b Explained
Sahih Muslim : 1681b
Sahih MuslimHadith Number 1681b
وَحَدَّثَنَا قُتَيْبَةُ بْنُ سَعِيدٍ، حَدَّثَنَا لَيْثٌ، عَنِ ابْنِ شِهَابٍ، عَنِ ابْنِ الْمُسَيَّبِ، عَنْ أَبِي، هُرَيْرَةَ أَنَّهُ قَالَ قَضَى رَسُولُ اللَّهِ صلى الله عليه وسلم فِي جَنِينِ امْرَأَةٍ مِنْ بَنِي لِحْيَانَ سَقَطَ مَيِّتًا بِغُرَّةٍ عَبْدٍ أَوْ أَمَةٍ ثُمَّ إِنَّ الْمَرْأَةَ الَّتِي قُضِيَ عَلَيْهَا بِالْغُرَّةِ تُوُفِّيَتْ فَقَضَى رَسُولُ اللَّهِ صلى الله عليه وسلم بِأَنَّ مِيرَاثَهَا لِبَنِيهَا وَزَوْجِهَا وَأَنَّ الْعَقْلَ عَلَى عَصَبَتِهَا .
Abu Hurairah Narrated from:
Allah's Messenger (ﷺ) gave judgment in case of the abortion of a woman of Banu Lihyan (that the offender and near relative should give compensation in the form of) good quality of a slave or a slave-girl. And the woman about whom the judgment was given for compensation died and thereupon Allah's Messenger (ﷺ) gave judgment that her inheritance goes to her sons and her husband, and the payment of the blood-wit lies with the family of (one who struck her).
[2] ‘Âşabah : The male relatives on the father's side.Reference : Sahih Muslim 1681bIn-book reference : Book 28, Hadith 49USC-MSA web (English) reference : Book 16, Hadith 4167
Summary of Sahih Muslim Hadith 1681b
This Hadith gives more detail about blood-wit for an unborn child. Abu Huraira reports that the Prophet صلى الله عليه وسلم gave judgment in the case of a woman from Banu Lihyan whose unborn child fell dead. The compensation named in the text was a good quality male or female slave. Then the narration adds that the woman against whom the compensation was judged later died. The Prophet صلى الله عليه وسلم ruled that her inheritance went to her sons and husband, while the payment of the blood-wit lay with the family of the one who struck her. This report is useful for people searching for diyat and inheritance hadith because it separates two matters: who inherits from the deceased woman and who carries the payment. The explanation should not go beyond the text, but the text clearly shows careful judgment in both compensation and inheritance.
What we learn from this hadith
- The unborn child’s loss was assigned compensation.
- The deceased woman’s inheritance went to her sons and husband.
- The payment of blood-wit was placed on the family of the offender.
