Musnad Ahmad 22778

Translation

✧ Among the judgments of the Messenger of Allah ﷺ: that the mine is a wastage, the well is a wastage, and the injury caused by an animal is a wastage—and the animal is the beast from livestock and other than that—and a wastage is a loss for which no compensation is paid. He judged that in buried treasure one-fifth is due. He judged that the fruit of palm trees belongs to the one who pollinated them, unless the buyer stipulates otherwise. He judged that the property of a slave belongs to the one who sold him, unless the buyer stipulates otherwise. He judged that the child belongs to the bed, and the adulterer gets the stone. He judged for preemption among partners in lands and houses. He judged for the fetus of Ibn Mālik al-Hudhalī to inherit from his wife whom the other wife killed. He judged concerning the killed fetus of a ghurrah, a male or female slave. He said: her husband and her sons inherited from her. He said: he had a child from both of his two wives. He said: the father of the killer against whom judgment was passed said: 'O Messenger of Allah, how can I pay for one who did not cry out, did not utter a sound, did not drink, and did not eat? Such a one is void.' The Messenger of Allah ﷺ said: 'This is from the soothsayers.' He said: He judged concerning an open space that is between the road and then its people want to build on it. He judged that seven cubits should be left for the road. He said: that road used to be called al-mītāʾ. He judged concerning a palm tree or two or three palm trees when they dispute about their rights, and he judged that for each of those palm trees the extent of its frond is a space reserved for it. He judged concerning the watering of palm trees from a flood, that the upper one drinks before the lower one, and the water is left to the two ankles, then the water is sent to the lower one that follows it, and thus the gardens are finished or the water runs out. He judged that a woman does not give anything from her property except with her husband's permission. He judged for the two grandmothers a sixth of the inheritance, divided equally between them. He judged that whoever frees a share in a slave, then he is liable for the remainder of his emancipation if he has wealth. He judged that there is no harm and no reciprocal harm. He judged that an unjust root has no right. He judged among the people of Madinah concerning palm trees that the benefit of a well is not to be prevented. He judged among the people of the desert that surplus water is not to be withheld to withhold surplus pasture. He judged concerning the major heavy blood-money: thirty three-year-old she-camels, thirty four-year-old she-camels, and forty pregnant she-camels. He judged concerning the minor blood-money: thirty three-year-old she-camels, thirty four-year-old she-camels, twenty two-year-old she-camels, and twenty two-year-old male camels. Then camels became expensive after the death of the Messenger of Allah ﷺ and dirhams became cheap, so ʿUmar b. al-Khaṭṭāb valued the camels of blood-money at six thousand dirhams, calculated at one ūqiyyah for each camel. Then camels became expensive and silver became cheap, so ʿUmar b. al-Khaṭṭāb added two thousand, calculated at two ūqiyyahs for each camel. Then camels became expensive and dirhams became cheap, so ʿUmar completed it at twelve thousand, calculated at three ūqiyyahs for each camel. He said: He increased one-third of the blood-money in the sacred month and another third in the sacred city. He said: so the blood-money of the two sanctuaries became complete at twenty thousand. He said: it used to be said that from the people of the desert it is taken from their livestock, and they are not burdened with silver or gold, and from every people is taken what they have of fair value from their wealth.

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