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Text and translation
English translation
2111. Abū Hurairah narrated that the Messenger of Allāh ﷺ judged the payment of a Gurrah male or female slave in the case of a woman’s fetus from Banū Lihyān which miscarried. Then the woman who was required to give the Gurrah died, so the Messenger of Allāh ﷺ judged that her inheritance be given to her children and her husband, and that her blood-money be paid by her ‘Asabah. (Sahih)
[Abū ‘Eisā said:] Yūnus reported
this Hadīth from Az-Zuhri, from Sa'eed bin Al-Musayyab and Abū Salamah, from Abū Hurairah from the Prophet ﷺ, and it is similar. Mālik reported it from Az-Zuhri, from Abū Salamah, from Abū Hurairah and Mālik (reported it) from Az-Zuhri, from Sa'eed bin Al-Musayyab; from the Prophet ﷺ [in Mursal form.]
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Commentary
The Hadīth apparently implies that the woman that had killed the fetus of another woman was a murderer in the eye of the law. Therefore, the Prophet ﷺ ordered the blood-money due from her to be paid by her ʿAṣabah on her behalf. However, when the woman in question herself died, the Prophet ﷺ ruled that her inheritance be distributed among her husband and daughters to the exclusion of ʿAṣabah.
