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| No. 4168 |
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Abu Huraira reported that two women of the tribe of Hudhail fought with each other and one of them flung a stone at the other, killing her and what was in her womb. The case was brought to Allaah's Messenger (sallAllaahu alayhi wa sallam) and he gave judgment that the diyat (indemnity) of her unborn child is a male or a female slave of the best quality, and he also decided that the diyat of the woman is to be paid by her relative on the father's side, and he (the Prophet) made her sons and those who were with them her heirs. Hamal b. al-Nabigha al-Hudhali said: Messenger of Allaah, why should I play blood-wit for one who neither drank, nor ate, nor spoke, nor made any noise; it is like a nonentity (it is, therefore, not justifiable to demand blood-wit for it). Thereupon Allaah's Messenger (sallAllaahu alayhi wa sallam) said: He seems to be one of the brothers of soothsavers on account of the rhymed speech which he has composed. |
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