Explanation of the Book of Inheritance, Fixed Punishments, and Blood Money-02a
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The reciter: Qutaybah narrated to us, al-Layth narrated to us from Ibn Shihab from Ibn al-Musayyib from Abu Hurayrah that he said: Sahih al-Bukhari 6740.
The Shaykh : This hadith is about two women from Hudhayl who fought each other, and one of them killed the other and the fetus in her womb. She struck her, and she delivered what was in her womb dead, and then the woman who was struck died. So the Prophet (peace and blessings be upon him) ruled with a compensation of a slave or a female slave as the blood money for the fetus, and he ruled that the blood money for the murdered woman is upon her 'aqilah (responsible kin). Who is the 'aqilah?
The 'aqilah of the killer, because quasi-intentional killing is like accidental killing, and the blood money in it is upon the 'aqilah.
So killing, according to the scholars, is of three types: intentional, quasi-intentional, and accidental.
Quasi-intentional killing and intentional killing share the element of intent, and accidental killing differs from them by the absence of intent.
And accidental killing differs from quasi-intentional killing in that accidental killing is with something that usually kills, while quasi-intentional killing is with something that does not usually kill.
So if a person strikes someone with a large piece of wood intentionally, this is intentional killing. If he strikes him with a small stick that does not usually kill, it is quasi-intentional killing. And if he throws a stone at a dog and it hits a person, it is accidental killing because he did not intend it.
The blood money for accidental and quasi-intentional killing is upon the 'aqilah. The 'aqilah are the male 'asabah (residuary male heirs). They were called 'aqilah from the tethering of a camel, because they used to bring the blood money from camels and tether them at the house of the guardians of the murdered person. For this reason, they were called 'aqilah from the tethering of the camels.
We have a copy in it: "He ruled against her" and in a copy: "He ruled for her".
Do you have it in the explanation?
Allah's Messenger (ﷺ) gave the judgment that a male or female slave should be given in Qisas for an abortion case of a woman from the tribe of Bani Lihyan (as blood money for the fetus) but the lady on whom the penalty had been imposed died, so the Prophets ordered that her property be inherited by her offspring and her husband and that the penalty be paid by her Asaba.
قضى رسول الله صلى الله عليه وسلم في جنين امرأة من بني لحيان سقط ميتا بغرة، عبد أو أمة، ثم إن المرأة التي قضى لها بالغرة توفيت، فقضى رسول الله صلى الله عليه وسلم بأن ميراثها لبنيها وزوجها، وأن العقل على عصبتهاThe Shaykh : This hadith is about two women from Hudhayl who fought each other, and one of them killed the other and the fetus in her womb. She struck her, and she delivered what was in her womb dead, and then the woman who was struck died. So the Prophet (peace and blessings be upon him) ruled with a compensation of a slave or a female slave as the blood money for the fetus, and he ruled that the blood money for the murdered woman is upon her 'aqilah (responsible kin). Who is the 'aqilah?
The 'aqilah of the killer, because quasi-intentional killing is like accidental killing, and the blood money in it is upon the 'aqilah.
So killing, according to the scholars, is of three types: intentional, quasi-intentional, and accidental.
Quasi-intentional killing and intentional killing share the element of intent, and accidental killing differs from them by the absence of intent.
And accidental killing differs from quasi-intentional killing in that accidental killing is with something that usually kills, while quasi-intentional killing is with something that does not usually kill.
So if a person strikes someone with a large piece of wood intentionally, this is intentional killing. If he strikes him with a small stick that does not usually kill, it is quasi-intentional killing. And if he throws a stone at a dog and it hits a person, it is accidental killing because he did not intend it.
The blood money for accidental and quasi-intentional killing is upon the 'aqilah. The 'aqilah are the male 'asabah (residuary male heirs). They were called 'aqilah from the tethering of a camel, because they used to bring the blood money from camels and tether them at the house of the guardians of the murdered person. For this reason, they were called 'aqilah from the tethering of the camels.
We have a copy in it: "He ruled against her" and in a copy: "He ruled for her".
Do you have it in the explanation?