45/40, 41: Chapter
Sunan an-Nasai 4825 — Ghurrah for Miscarriage
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 Ghurrah as Diyah for Miscarriage
Sunan an-Nasai : 4825
Sunan an-NasaiHadith Number 4825
أَخْبَرَنَا سُوَيْدُ بْنُ نَصْرٍ، قَالَ أَنْبَأَنَا عَبْدُ اللَّهِ، عَنْ شُعْبَةَ، عَنْ مَنْصُورٍ، عَنْ إِبْرَاهِيمَ، عَنْ عُبَيْدِ بْنِ نُضَيْلَةَ، عَنِ الْمُغِيرَةِ بْنِ شُعْبَةَ، أَنَّ امْرَأَتَيْنِ، كَانَتَا تَحْتَ رَجُلٍ مِنْ هُذَيْلٍ فَرَمَتْ إِحْدَاهُمَا الأُخْرَى بِعَمُودِ فُسْطَاطٍ فَأَسْقَطَتْ فَاخْتَصَمَا إِلَى النَّبِيِّ صلى الله عليه وسلم فَقَالُوا كَيْفَ نَدِي مَنْ لاَ صَاحَ وَلاَ اسْتَهَلّ وَلاَ شَرِبَ وَلاَ أَكَلْ فَقَالَ النَّبِيُّ صلى الله عليه وسلم " أَسَجْعٌ كَسَجْعِ الأَعْرَابِ " . فَقَضَى بِالْغُرَّةِ عَلَى عَاقِلَةِ الْمَرْأَةِ .
Al-Muhgirah b in Shu'bad Narrated from:
Two woman were married to a man of Hudhail, and one of them threw tent pole at the other and caused her to miscarry. They referred the dispute to the Prophet and they said: "how can we pay the Diyah for one who neither shouted nor cried (at the moment of birth), or ate or drank? Such a one should be overlooked." He said: "Rhyming verse like the verse of the Bedouins?" And the ruled that the 'Aqilah of the women should give a slave 9asdiyah).
Reference : Sunan an-Nasa'i 4825In-book reference : Book 45, Hadith 120English translation : Vol. 5, Book 45, Hadith 4829
Summary of Sunan an-Nasai Hadith 4825
This hadith tells of two women married to a man from Hudhail. One threw a tent pole at the other and caused her to miscarry. When the case was brought to the Prophet, people objected by asking how they could pay Diyah for one who had not cried, shouted, eaten, or drunk. The Prophet rejected that rhymed style of speech and ruled that the woman's Aqilah should give a slave as compensation. This hadith about Ghurrah for miscarriage focuses on responsibility after harm caused to a pregnancy. It also shows that the objection did not remove the compensation mentioned in the Prophet's ruling.
What we learn from this hadith
- A miscarriage caused by an attack was treated as a matter of compensation.
- The Prophet ruled that a slave should be given as Ghurrah.
- The Aqilah of the woman was made responsible in this narration.
