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[Sharh Muwatta Imam Malik – Shaikh Zubair Ali Zai] – Hadith No.25 –:– The Blood Money to be Paid for a Baby who is Killed in a Woman’s Womb

Itihaf ul-Basim Fi Tahqiq Muwatta al-Imam Malik [Talkhis al-Qabisi] Riwayah Abdur Rahman ibn al-Qasim

Tahqiq, Takhrij, Sharh

Muhadith Zubair Ali Zai

Translated Abu Ubaydah
Translated, Checked & Additional Notes
Abu Hibban & Abu Khuzaimah Ansaari

The Blood Money to be Paid for a Baby who is Killed in a Woman’s Womb

[25] And with the same chain of narration that a woman from the Hudhayl tribe threw a stone at a woman from the same tribe, and she had a miscarriage. The Messenger of Allah (Sallalahu Alayhi Was-Sallam) gave a judgement that a slave boy or slave-girl should be given to her (in return from the person who threw the stone in accordance to it being blood money). 

[GRADING] – [SAHIH]

Ibn Shihab az-Zuhri taba’a (followed) Muhammad Ibn Amr al-Laythi (Hasanul Hadith) with Ibn Majah (no.2639) and its chain is [Hasan] good

[REFERENCES] – [AGREED UPON]

Al-Muwatta (Yahya’s narration 2/855 hadith no.1658, book 43, chapter 7, hadith no.5) at-Tamhid (7/107), al-Istidhkar: (no.1586)  

Transmitted by Bukhari (no.5759) and Muslim (no.1681) from the hadith of Malik.

[UNDERSTANDING FROM THE HADITH]

1) Rabiyah Ibn Abu Abdur Rahman said about such fighting, the blood money that is to be paid for a child which is in the  woman’s servants womb (that dies) should be the price of a female or male servant, 50 dinar or 600 dirham and the blood money to be paid for a free Muslim woman is 500 dinar or 6000 dirham. Muwatta of Imam Malik (Yahya’s narration (2/856) hadith (no.1660), and its chain is authentic)

2) Some scholars say that if (due to such fighting) the child dies after birth, then it is still necessary to pay this blood money in full.

3) Some scholars have said that the two women who were fighting, used to be acquaintances.

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