Azami 6873

Ibn Abu Asim narrated it in Diyat (171), Tahawi in his Mushkil (4521), Tabarani in Kabir (1/160), and from him Diya in Mukhtara (1416), all of them through routes from Sufyan bin Uyayna, from Ayub Sakhtiyani, who said, I heard Abu Malih Huzayli, the son of Usama, from his father, and he related it. The wording is that of Abu Asim, and the same is found in Tahawi. Its isnad is sahih.As for what was narrated with the addition, "or five hundred dirhams, or a horse, or one hundred and twenty sheep," it is daif. Tabarani narrated it in Kabir (160/1), and Bazzar in Kashf Astar (1523) though he did not mention the wording in full, and Tahawi in his Mushkil (4528), and Abu Asim in Diyat (174), all of them from the hadith of Minhal bin Khalifa, from Salama bin Tammam, from Abu Malih, from his father, and he related it. This account includes the story of the brother of the woman who struck the blow.He set out with the woman who had struck the blow to the Messenger of Allah ﷺ, he being called Imran bin Uwaymir. When they related her story to the Prophet ﷺ, he said, "Pay blood money for it." Imran said, "O Prophet of Allah, are we to pay blood money for one who did not eat, did not drink, and did not cry out at birth? Should such a thing be disregarded?" The Messenger of Allah ﷺ said, "Spare me the rhymed speech of the Bedouins. For it there is a slave, male or female, or five hundred, or a horse, or one hundred and twenty sheep." He said, "O Prophet of Allah, she has two sons who are the leaders of the tribe, and they are more entitled to bear the blood money on behalf of their mother." He said, "You are more entitled to bear it on behalf of your sister than her children are." He said, "I have nothing with which to bear it." He said, "O Hamal bin Malik," he being at that time in charge of the zakat of Huzayl, and he was the husband of both women and the father of the slain fetus, "take from what is under your authority, from the zakat of these two, one hundred and twenty sheep." So he did.In its isnad is Minhal bin Khalifa. Haythami said in Majma (300/6), "Tabarani and Bazzar narrated it with much abridgment. Minhal bin Khalifa was deemed reliable by Abu Hatim, while a group of scholars deemed him daif, and the rest of its narrators are reliable." I say, this is what has been transmitted from Abu Hatim, but the correct wording is that he said, "He is acceptable, his hadith is to be written down." Bazzar said, "He is trustworthy," while Bukhari, Nasai, Ibn Hibban, Abu Ahmad Hakim, and others criticized him. Hafiz placed him in the rank of daif, and Salama bin Tammam was deemed daif by Ahmad and Nasai. As for Bazzar, he did not mention the wording in full but was content with saying, "with a slave, male or female," and said, "We do not know it to be narrated from Abu Malih except through this route, and its isnad is hasan." This is not correct, for it has been established that Ayub narrated it from Abu Malih, and Minhal, as I said, was deemed daif by the group of scholars.As for what was narrated from Ibn Abbas, from Umar bin Khattab, that he asked the people about the Prophet's ﷺ ruling in that matter, meaning concerning the fetus, in which it states, "The Messenger of Allah ﷺ ruled concerning the fetus that a slave, male or female, is due, and that she should be killed for it," this is anomalous. Abu Dawud (4572), Ibn Majah (2641), Nasai (4739), Abu Asim in Diyat (167), Daraqutni (117/3), Bayhaqi (114/8), and Ahmad (16729) narrated it, and Ibn Hibban (6021) graded it sahih, all of them from the hadith of Ibn Jurayj, who said, "Amr bin Dinar told me, from Tawus, from Ibn Abbas," and he related it.Ahmad narrated it (3439) through this same route, and in it, "I said to Amr bin Dinar, 'Ibn Tawus reported to me, from his father, such and such'" (meaning it did not mention that the woman should be killed), so he said, "You have cast doubt on me."The narration of Ibn Jurayj from Ibn Tawus, from his father, was recorded by Abdul-Razzaq (18342), and in it, "The ruling of the Messenger of Allah ﷺ in that matter was mentioned to Umar bin Khattab, so he sent for the husband of the two women, who informed him that one of his two wives had struck the other with a tent pole, killing her and what was in her womb. So the Messenger of Allah ﷺ ruled her blood money and a slave for her fetus." Umar said "Allahu Akbar" and said, "We nearly gave a ruling on such a matter by our own opinion."Bayhaqi said, after relating the previous narration of Amr bin Dinar, "Thus he said, 'that she should be killed for it,' meaning the woman who killed, then Amr bin Dinar became uncertain. What is preserved as correct is that he ruled her blood money to be paid by the paternal kinsmen of the killer."On this topic there is also what was narrated from Ibn Abbas describing the fetus concerning which the Prophet ﷺ gave his ruling. He said, "His front teeth had grown, and his hair had grown." He said, the father of the woman who killed said, "By Allah, he did not eat, drink, or cry out, so such a thing should be disregarded." The Prophet ﷺ said, "Is this the rhymed speech and soothsaying of pre-Islamic times? Pay the compensation of a slave." Ibn Abbas said, "The name of one of the two women was Mulayka, and the other was Umm Afif." Abu Dawud (4574), Nasai (4828), and Abu Asim in Diyat (168) narrated it, and Ibn Hibban (6019) graded it sahih, all of them through the route of Amr bin Talha, from Asbat bin Nasr, from Simak bin Harb, from Ibn Abbas, and he related it. Asbat bin Nasr was deemed daif by Nasai and by Ibn Main in one narration. Saji said, "He narrated hadiths from Simak bin Harb that are not corroborated."On this topic there is also what was narrated from Amr bin Shuayb, from his father, from his grandfather, who said, "The Messenger of Allah ﷺ ruled that the blood money for a fetus while it is in its mother's womb is a slave, male or female." He gave this ruling concerning the wife of Hamal bin Malik bin Nabigha Huzayli. Imam Ahmad narrated it (7026) from Yaqub, my father told us, from Ibn Ishaq, who said, "Amr bin Shuayb mentioned, from his father, from his grandfather," and he related it. But Ibn Ishaq did not hear this hadith from Amr bin Shuayb.Likewise, what was narrated from Jabir is not sound, that two women from Huzayl were involved, one of whom killed the other, each of them having a husband and children, so the Messenger of Allah ﷺ made the blood money of the slain woman due from the paternal kinsmen of the killer, and absolved her husband and children of liability. He said, the kinsmen of the slain woman said, "Her inheritance is ours." The Messenger of Allah ﷺ said, "No, her inheritance belongs to her husband and her children." He said, and she was pregnant, so the kinsmen of the slain woman said, "She was pregnant, and she miscarried a fetus." He said, so the kinsmen of the killer feared that they would be held liable for that too. He said, so they said, "O Messenger of Allah, he did not drink, did not eat, and did not cry out at birth." The Messenger of Allah ﷺ said, "Is this the rhymed speech of pre-Islamic times?" Then he ruled that the compensation for the fetus is a slave, male or female.Ahmad narrated it (1823), and the wording is his, along with Abu Dawud (4575), Ibn Majah (2648), and Abu Yaala (1823), all of them from the hadith of Abdul-Wahid bin Ziyad, Mujalid bin Saeed told us, Shaybi told me, from Jabir, and he related it. Its isnad is daif because of Mujalid bin Saeed bin Umayr Hamdani, whom the majority of scholars deemed daif, although Bukhari held a favorable opinion of him.Likewise, what was narrated from Burayda is not sound, that a woman flung a pebble at another woman, causing her to miscarry, so the Messenger of Allah ﷺ set fifty sheep for her child, and on that occasion forbade the flinging of pebbles. Nasai narrated it (4813), Abu Dawud (4578), Bayhaqi (115/8), and Abu Asim in Diyat (173), all of them from the hadith of Ubaydullah bin Musa, from Yusuf bin Suhayb, from Abdullah bin Burayda, from his father, and he related it, and the wording is that of Nasai.The wording of Abu Dawud is, "He set five hundred sheep for her child," and likewise with Abu Asim also. Abu Dawud said, "This is how the hadith reads, 'five hundred sheep,' but the correct wording is 'one hundred sheep.'" Abu Dawud said, "This is what Abbas said" (he being Abbas bin Abdul-Azim, the teacher of Abu Dawud, from Ubaydullah bin Musa), "and it is a mistake." End of quote.Nasai said, "Abu Naeem narrated it with an incomplete chain." Then he narrated it from the hadith of Abu Naeem, Yusuf bin Suhayb told us, who said, Abdullah bin Burayda told me that a woman flung a pebble at another woman, causing the struck woman to miscarry, so the matter was raised to the Prophet ﷺ, who set the blood money for her child at five hundred prime sheep, and on that occasion forbade the flinging of pebbles. Nasai said, "This is a mistake, and it should be understood that he meant one hundred prime sheep."