He witnessed the ruling of the Prophet ﷺ regarding that case. Haml bin Malik bin al-Nabighah came and said, "I had two wives, and one of them struck the other with a tent pole, killing her along with her unborn child."The Prophet ﷺ ruled regarding the unborn child that a slave, male or female, be given as compensation, and that the killer be put to death.I said to Amr, "Ibn Tawus reported to me from his father such and such."He replied, "You have made me doubt."Ibn Bakr said, "There were between me and my wife..." and one of them struck the other.
حدثنا عبد الرزاق وابن بكر قالا أنبأنا ابن جريج قال أخبرني عمرو بن دينار أنه سمع طاوسا يخبر عن ابن عباس
شهد قضاء النبي ﷺ في ذلك فجاء حمل بن مالك بن النابغة فقال كنت بين امرأتين فضربت إحداهما الأخرى بمسطح فقتلتها وجنينها فقضى النبي ﷺ في جنينها بغرة عبد وأن تقتل فقلت لعمرو أخبرني ابن طاوس عن أبيه كذا وكذا فقال لقد شككتني قال ابن بكر كان بيني وبين امرأتي فضربت إحداهما الأخرى
Its chain of transmission is sahih. It belongs to the musnad of Hamal bin Malik bin Nabigha, and it will appear later in his musnad, transmitted from Abdul-Razzaq from Ibn Jurayj, 16798. Abu Dawud 4:317 and Ibn Majah 2:73-74 both narrated it through the route of Abu Asim from Ibn Jurayj. Munziri said, Nasai and Ibn Majah also narrated it.As for the phrase "and that she be killed," it is not mentioned in any narration other than this one. It has been reported that Ibn Dinar had doubts about the ruling of killing a woman for a woman. Nasai did not narrate it in this form, and we will mention his version later. Munziri's reference to Ibn Dinar's doubt points to this version in the Musnad, since Ibn Jurayj said to Amr bin Dinar, "Tell me, did Ibn Tawus report to you from his father such and such," and so on, as if he meant to point out to him that Ibn Tawus had not mentioned from his father the phrase "and that she be killed." The exact wording in the coming narration at 26798 is "and that she be killed for her," I said to Amr, "No, tell me from his father such and such." He said, "You have indeed made me doubt."It appears that this raising of doubt had its effect on Amr, for he later narrated the hadith again without this phrase that had been questioned. Hakim likewise narrated it, 575, through the route of Abdul-Razzaq from Sufyan bin Uyayna from Amr bin Dinar from Tawus from Ibn Abbas. Shafii likewise narrated it in Al-Risalah [number 1174 in our commentary] from Sufyan, from Ibn Dinar and Ibn Tawus, from Tawus, that Umar did such and such, without mentioning Ibn Abbas. Abu Dawud 4:317 likewise narrated it through the route of Sufyan, and Nasai narrated it in abridged form through the route of Hammad, both from Amr bin Dinar from Tawus, as a mursal report.As for the основа of the story itself, it is firmly established from Abu Hurairah in the two Sahihs and elsewhere, and also from others besides Abu Hurairah. See Awn al-Mabud 4:316-318.Al-mistah, with a kasrah on the mim and a fatha on the ta, is one of the poles of a tent.Ibn Athir said, al-ghurrah means the slave himself or the female slave. The original meaning of ghurrah is the whiteness found on the face of a horse. Abu Amr bin Ala used to say, al-ghurrah means a white male slave or a white female slave, and it was called ghurrah because of its whiteness, so a black male slave or a black female slave would not be accepted as blood money.This, however, is not a condition according to the jurists. Rather, according to them, al-ghurrah is whatever slave, male or female, whose value reaches one twentieth of the full blood money. The ghurrah is only obligatory for a fetus if it is delivered dead. But if it is delivered alive and then dies, the full blood money is due for it.