Two women from Huzayl had a quarrel in which one struck the other, causing her to miscarry her unborn child. The Messenger of Allah ﷺ ruled that compensation be paid for the unborn child in the form of a male or female slave.
أن امرأتين من هذيل رمت إحداهما الأخرى، فطرحت جنينها، فقضى فيه رسول الله ﷺ بغرة عبد أو وليدة.
Malik narrated it in "Blood Money" (5) from Ibn Shihab, from Abu Salama bin Abdul-Rahman bin Awf, from Abu Hurairah, and he related it. Bukhari narrated it in "Blood Money" (6904), and Muslim in "Qasama" (1681), both through the route of Malik, in the same way, with similar wording.Ghurrah means the most precious part of anything. What is meant by the hadith is a living being among slaves, whether male or female, whose value is half of one tenth of the full blood money. Some scholars, taking the hadith according to its apparent meaning, said that ghurrah means a white male slave or a white female slave, so a black slave would not be accepted, but this contradicts the consensus. It has also been said that the original meaning of ghurrah is whiteness on the face, and this was used to refer to the whole body, just as "neck" (raqabah) is used to refer to an owned slave. This applies to the case where the fetus is stillborn. If it is born alive and then dies, the full blood money is owed for it.Tirmidhi said in his Sunan (1410), after citing the hadith of Abu Hurairah, "This is what is practiced among the people of knowledge. Some of them said that the ghurrah is a male or female slave, or five hundred dirhams, and some of them said, or a horse or a mule."I say, he is referring to a hadith narrated by Abu Dawud (4579), Abu Asim in "Blood Money" (172), Daraqutni (3/114-115), and Bayhaqi (8/115), and Ibn Hibban graded it sahih (6022), all of them through the route of Isa bin Yunus, who said, Muhammad bin Amr narrated to us, from Abu Salama, from Abu Hurairah, who said, the Messenger of Allah ﷺ ruled concerning the fetus that the compensation is a ghurrah, a male or female slave, or a horse, or a mule.Abu Dawud said, "This hadith was narrated by Hammad bin Salama and Khalid bin Abdullah from Muhammad bin Amr, and they did not mention 'or a horse or a mule'."Khattabi said in his Maalim, "It is said that Isa bin Yunus made an error in this, and he sometimes makes mistakes in what he transmits. However, it has been narrated from Tawus, Mujahid, and Urwa bin Zubayr that they said the ghurrah is a male or female slave or a horse. It seems that the basis for what they held was this very hadith of Abu Hurairah." He said, "As for the mule, the matter concerning it is stranger still. It is possible that this addition came from some of the narrators as a way of expressing valuation, when a ghurrah among slaves was not available." And Allah knows best.Similarly, Baghawi (10/209) said that Isa bin Yunus made an error in this, and that Hammad and Khalid Wasiti narrated it from Muhammad bin Amr without mentioning the horse and the mule. And Bayhaqi said, mentioning the horse in the marfu narration is an error.