45/40, 41: Chapter
Sunan an-Nasai 4827 — A Serious Ruling on Harm
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 for the Child in the Womb
Sunan an-Nasai : 4827
Sunan an-NasaiHadith Number 4827
أَخْبَرَنَا مُحَمَّدُ بْنُ رَافِعٍ، قَالَ حَدَّثَنَا مُصْعَبٌ، قَالَ حَدَّثَنَا دَاوُدُ، عَنِ الأَعْمَشِ، عَنْ إِبْرَاهِيمَ، قَالَ ضَرَبَتِ امْرَأَةٌ ضَرَّتَهَا بِحَجَرٍ وَهِيَ حُبْلَى فَقَتَلَتْهَا فَجَعَلَ رَسُولُ اللَّهِ صلى الله عليه وسلم مَا فِي بَطْنِهَا غُرَّةً وَجَعَلَ عَقْلَهَا عَلَى عَصَبَتِهَا فَقَالُوا نُغَرَّمُ مَنْ لاَ شَرِبَ وَلاَ أَكَلْ وَلاَ اسْتَهَلّ فَمِثْلُ ذَلِكَ يُطَلّ فَقَالَ " أَسَجْعٌ كَسَجْعِ الأَعْرَابِ هُوَ مَا أَقُولُ لَكُمْ " .
Ibrahim Narrated from:
I woman struck her co-wife, who was pregnant, with a rock and killed her Messenger of Allah ruled that a slave should be given (as Diyah) for the child in her woman, and that her Diyah should be paid by her 'Asabah. They said:' should we be penalized for one who neither after nor drank, or shouted or cried (at the moment of birth)? Such a one should be overlooked.' He said: 'Rhyming vase like the vase of the Bedouins? It is what I say to (sahih)
Reference : Sunan an-Nasa'i 4827In-book reference : Book 45, Hadith 122English translation : Vol. 5, Book 45, Hadith 4831
Summary of Sunan an-Nasai Hadith 4827
This hadith mentions a woman who struck her pregnant co-wife with a rock and killed her. The Messenger of Allah made what was in her womb a Ghurrah and made her blood money due upon her Asabah. The people objected by saying they were being charged for one who had not drunk, eaten, or cried at birth. The Prophet rejected the objection, calling it rhyming like the rhyming of the Bedouins, and said that what he said to them was the ruling. This hadith about Ghurrah and Diyah teaches that the Prophet's judgment was not to be pushed away by poetic excuses.
What we learn from this hadith
- The child in the womb was assigned Ghurrah in this ruling.
- The killed woman's blood money was placed on her Asabah in the report.
- The Prophet rejected the objection against paying for the unborn child.
