45/39, 40: Chapter
Sunan an-Nasai 4817 — Fetus Diyah and Inheritance
The Diyah For A Woman's Fetus
Hadith About Fetus Diyah and Estate Inheritance
Sunan an-Nasai : 4817
Sunan an-NasaiHadith Number 4817
أَخْبَرَنَا قُتَيْبَةُ، قَالَ حَدَّثَنَا اللَّيْثُ، عَنِ ابْنِ شِهَابٍ، عَنِ ابْنِ الْمُسَيَّبِ، عَنْ أَبِي هُرَيْرَةَ، قَالَ قَضَى رَسُولُ اللَّهِ صلى الله عليه وسلم فِي جَنِينِ امْرَأَةٍ مِنْ بَنِي لِحْيَانَ سَقَطَ مَيِّتًا بِغُرَّةٍ عَبْدٍ أَوْ أَمَةٍ ثُمَّ إِنَّ الْمَرْأَةَ الَّتِي قَضَى عَلَيْهَا بِالْغُرَّةِ تُوُفِّيَتْ فَقَضَى رَسُولُ اللَّهِ صلى الله عليه وسلم بِأَنَّ مِيرَاثَهَا لِبَنِيهَا وَزَوْجِهَا وَأَنَّ الْعَقْلَ عَلَى عَصَبَتِهَا .
Abu Hurairah Narrated from:
The Messenger of Allah ruled that a male or female slave should be given (as Diyah) to a woman of Banu Lihyah whose child was miscarried and died. Then the woman to whom he had decreed that the slave should be given died, and the Messenger of Allah ruled that her estate belonged to the children and husband, and that the blood money was to be paid by her 'Asabah.
Reference : Sunan an-Nasa'i 4817In-book reference : Book 45, Hadith 112English translation : Vol. 5, Book 45, Hadith 4821
Summary of Sunan an-Nasai Hadith 4817
This hadith reports a ruling about a woman of Banu Lihyan whose child was miscarried and died. The Messenger of Allah ruled that a male or female slave should be given as diyah. Then the woman to whom the slave had been decreed died, and the Prophet ruled that her estate belonged to her children and husband, while the blood money was to be paid by her asabah. The hadith about fetus diyah also touches inheritance, but only within this case. The main points are the set compensation for the fetus, the heirs named for the woman's estate, and the group responsible for paying the blood money.
What we learn from this hadith
- A male or female slave was set as diyah for the miscarried child.
- The woman's estate was ruled for her children and husband.
- The blood money was to be paid by her asabah.
- The hadith connects compensation and inheritance in one legal case.
