Muwatta' Malik 43-13

Translation

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.' "

Grades by grader

Other narrations of this report

Musannaf Ibn Abi Shaybah 27851Musannaf 'Abd al-Razzaq 18435Musannaf 'Abd al-Razzaq 18436al-Sunan al-Kubra (al-Bayhaqi) 16485al-Sunan al-Kubra (al-Bayhaqi) 16525al-Sunan al-Kubra (al-Bayhaqi) 16526

Narrators

1. 1
   Rabīʿat al-raʾy

   trustworthy (thiqah), jurist (faqīh), well-known (mashhūr)d. 133 AH, or: 135 AH, or: 136 AH, or: 142 AH
   رَبِيعَةُ الرَّأْيثقة ، فقيه ، مشهور
   عن
2. 2
   Mālik b. Anas

   The jurist (al-faqīh), the Imam of the Abode of Migration (Imām Dār al-Hijrah), the head of the proficient masters, and the foremost among the meticulous.d. 178 AH, or 179 AH
   مَالِكٌالفقيه ، إمام دار الهجرة ، رأس المتقنين ، وكبير المتثبتين

Who each narrator was and how reliable, from hdith.com

Latin names and English verdicts with a dotted underline are machine translations, not reviewed.