45/40, 41: Chapter
Sunan an-Nasai 4824 — Compensation for the Womb
The Description Of Killing That Resembles Intentional Killing, And Who Is To Pay The Diyah For A Fetus And For A Killing That Resembles Intentional Killing, And Mentioning The Different Wordings Reported In The Narration Of Ibrahim From 'Ubaid Bin Nudailah From Al-Mughirah
Hadith About Diyah for a Pregnant Co-Wife and Her Unborn Child
Sunan an-Nasai : 4824
Sunan an-NasaiHadith Number 4824
أَخْبَرَنَا عَلِيُّ بْنُ سَعِيدِ بْنِ مَسْرُوقٍ، قَالَ حَدَّثَنَا يَحْيَى بْنُ أَبِي زَائِدَةَ، عَنْ إِسْرَائِيلَ، عَنْ مَنْصُورٍ، عَنْ إِبْرَاهِيمَ، عَنْ عُبَيْدِ بْنِ نُضَيْلَةَ، عَنِ الْمُغِيرَةِ بْنِ شُعْبَةَ، قَالَ ضَرَبَتِ امْرَأَةٌ مِنْ بَنِي لِحْيَانَ ضَرَّتَهَا بِعَمُودِ الْفُسْطَاطِ فَقَتَلَتْهَا وَكَانَ بِالْمَقْتُولَةِ حَمْلٌ فَقَضَى رَسُولُ اللَّهِ صلى الله عليه وسلم عَلَى عَصَبَةِ الْقَاتِلَةِ بِالدِّيَةِ وَلِمَا فِي بَطْنِهَا بِغُرَّةٍ .
Al-Mughirah bin Shu'bah Narrated from:
A woman of Banu Lihyan struck her co-wife with a tent pole and killed her, and the slain woman was pregnant. The Messenger of Allah ruled that the Diyah was to be paid by the 'Asbah of the killer, and that a slave should be given (as Diyah) for the child in her womb".
Reference : Sunan an-Nasa'i 4824In-book reference : Book 45, Hadith 119English translation : Vol. 5, Book 45, Hadith 4828
Summary of Sunan an-Nasai Hadith 4824
This hadith reports that a woman from Banu Lihyan struck her co-wife with a tent pole and killed her while the slain woman was pregnant. The Messenger of Allah ruled that the Diyah should be paid by the Asabah of the killer. He also ruled that a slave should be given as Diyah for the child in the womb. The wording here is short, but its message is clear. In this hadith about Diyah for a fetus, the case did not end with only the death of the mother being addressed. The unborn child was also included in the ruling through a separate compensation.
What we learn from this hadith
- The pregnant woman's death was treated as a matter requiring Diyah.
- The child in the womb was also given compensation in the ruling.
- The Asabah of the killer carried the Diyah responsibility in this case.
