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Hadith 35421
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
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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
Rabia ibn Abi Abd ar-Rahman said, "The slave of fair complexion and
excellence is estimated at fifty dinars or six hundred dirhams. The
blood-money of a free muslim woman is five hundred dinars or six
thousand dirhams."
Malik said, "The blood-money of the foetus
of a free woman is a tenth of her blood-money. The tenth is fifty
dinars or six hundred dirhams."
Malik said, "I have not heard
anyone dispute that there is no slave in compensation for the foetus
until it leaves its mother's womb and falls still-born from her womb .
"
Malik said, "I heard that if the foetus comes out of its
mother's womb alive and then dies, the full blood-money is due for
it."
Malik said, "The foetus is not alive unless it cries at
birth. If it comes out of its mother's womb and cries out and then
dies, the complete blood-money is due for it. We think that the slave-
girl's foetus has a tenth of the price of the slave-girl."
Malik said, "When a woman murders a man or woman, and the murderess is
pregnant, retaliation is not taken against her until she has given
birth. If a woman who is pregnant is killed intentionally or
unintentionally, the one who killed her is not obliged to pay anything
for her foetus. If she is murdered, then the one who killed her is
killed and there is no blood-money for her foetus. If she is killed
accidentally, the tribe obliged to pay on behalf of her killer pays
her blood-money, and there is no blood-money for the foetus."
Yahya related to me, "Malik was asked about the foetus of the
christian or jewish woman which was aborted. He said, 'I think that
there is a tenth of the blood-money of the mother for it.' " Muwatta Malik Book 43, Hadith 13