Two women from Huzayl had a fight. One of them threw a stone at the other and killed her along with the child in her womb. The dispute was brought before the Messenger of Allah ﷺ, and he ruled that the blood-money for her unborn child was a male or female slave, and he ruled that the blood-money for the woman herself was due from her killer's paternal male relatives, and that her children and those with them would inherit from her.Hamal bin an-Nabigha al-Huzali said, "Messenger of Allah, how can I be made to pay compensation for one who neither drank nor ate, neither spoke nor cried out? Such a claim should be dismissed."The Messenger of Allah ﷺ replied, "This man is one of the brothers of the soothsayers," because of the rhymed prose he had used.
اقتتلت امرأتان من هذيل، فرمت إحداهما الأخرى بحجر فقتلتها وما في بطنها، فاختصموا إلى رسول الله ﷺ فقضى رسول الله ﷺ أن دية جنينها غرة عبد أو وليدة، وقضى بدية المرأة على عاقلتها، وورثها ولدها ومن معهم. فقال حمل بن النابغة الهذلي: يا رسول الله، كيف أغرم من لا شرب ولا أكل، ولا نطق ولا استهل؟ فمثل ذلك يطل. فقال رسول الله ﷺ: إنما هذا من إخوان الكهان من أجل سجعه الذي سجع.
Bukhari narrated it in the Book of Blood Money (6910) and Muslim in the Book of the Retaliatory Oaths (36:1681), both through the route of Ibn Wahb, who said, Yunus informed me, from Ibn Shihab, from Ibn Musayab and Abu Salama bin Abdul-Rahman, that Abu Hurairah said, then he related it, and the wording given here is Muslim's.Bukhari's version does not contain the statement "Hamal bin Nabigha said," nor the phrase "her son and those with them inherited it."His words, "upon his liable kinsmen." The liable kinsmen of a man are his paternal relatives, who are his male agnates. This shows that the son is not counted among the liable kinsmen, and that the liable kinsmen inherit only what remains after the fixed-share heirs have taken their portions.His words, "is wasted," mean it is disregarded and no compensation is owed for it.This also contains evidence that the blood money for quasi-intentional killing falls upon the liable kinsmen, unlike the blood money for intentional killing, which falls upon the offender himself, to be paid from his own wealth.