Sa'id b. al-Musayyib said God’s Messenger gave judgment that a male or girl slave of the best quality should be paid for a child which is killed in its mother’s womb. When the one against whom this judgment was given asked, “How should I be fined for one who has not eaten or drunk, or spoken, or raised his voice?” adding that compensation is not to be paid for such, God’s Messenger said, “This man simply belongs to the kahins.”*
Malik and Nasa’i transmitted it in mursal form, but Abu Dawud transmitted it on his authority (i.e. Sa'id’s) on the authority of Abu Huraira with a fully connected isnad.
* There is a suggestion of rhyme in the Arabic used by the man who asked the question, so he is compared to the kahins who made their utterances in this form.
Mujahid said ‘Umar gave judgment that the blood wit for what resembled intentional murder should be thirty she-camels in their fourth year, thirty she-camels in their fifth year, and forty pregnant she-camels in their sixth year up to the ninth.
Abu Huraira reported God’s Messenger as saying, “No retaliation is payable for a wound caused by a dumb animal, for a mine, or for a well.”*
(Bukhari and Muslim.)
* A longer form is given on p. 380. The reference is said to be an animal which is not at the time under anyone's charge. No responsibility attaches to anyone who has dug a mine or a well in a place where he is entitled to do so if someone falls in.
Narrated ‘Ali said that the blood wit for what looked like intentional murder was in three parts:
thirty-three she-camels in their fourth year, thirty- three she-camels in their fifth year, and thirty-four she-camels in the sixth year up to the ninth, all pregnant. In a version he said that the blood wit for unintentional murder was in four parts: twenty-five she-camels in their fourth year, twenty-five she-camels in their fifth year, twenty-five she-camels in their third year, and twenty-five she-camels in their second year.
