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Hadith 35420
Yahya related to me from Malik from Ibn Shihab from Abu Salama
ibn Abd ar-Rahman ibn Awf from Abu Hurayra that a woman from the
Hudhayl tribe threw a stone at a woman from the same tribe, and she
had a miscarriage. The Messenger of Allah, may Allah bless him and
grant him peace, gave a judgement that a slave or slave-girl of fair
complexion and excellence should be given to her.
Muwatta Malik Book 43, Hadith 11
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Yahya
related to me from Malik that he heard Ibn Shihab say, "The precedent
of the sunna when a man injures a woman is that he must pay the blood-
money for that injury and there is no retaliation against him."
Malik said, "That is an accidental injury, when a man strikes a
woman and hits with a blow what he did not intend, for instance, if he
struck her with a whip and cut her eye open and the like of that."
Malik said about a woman who has a husband and children who
are not from her paternal relatives or her people, that since he is
from another tribe, there is no blood-money against her husband for
her criminal action, nor any against her children if they are not from
her people, nor any against her maternal brothers when they are not
from her paternal relations or her people. These are entitled to her
inheritance but only the paternal relations have paid blood-money from
since the time of the Messenger of Allah, may Allah bless him and
grant him peace. Until today it is like that with the mawla of a
woman. The inheritance they leave goes to the children of the woman
even if they are not from her tribe, but the blood-money of the
criminal act of the mawla is only against her tribe." Muwatta Malik Book 43, Hadith 10
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Yahya related to me from Malik from Ibn Shihab from Said ibn al-
Musayyab that the Messenger of Allah, may Allah bless him and grant
him peace, gave a judgement that the compensation for a foetus killed
in its mother's womb was a slave or slave-girl of fair complexion and
excellence. The one against whom the judgement was given said, "Why
should I pay damages for that which did not drink or eat or speak or
make any cry. The like of that is nothing." The Messenger of Allah,
may Allah bless him and grant him peace, said, "This is only one of
the brothers of the diviners." He disapproved of the rhyming speech of
the man's declaration. Muwatta Malik Book 43, Hadith 12