13.

Musnad of the Ansar

١٣-

مسند الأنصار

It is narrated on the authority of Ubadah (may Allah be pleased with him) that among the judgments of the Holy Prophet (peace and blessings of Allah be upon him) is the judgment that the blood of the one who is killed while digging for treasure is wasted, the blood of the one who falls into a well and dies is wasted, and the blood of the one who dies from an animal's wound is wasted. The Holy Prophet (peace and blessings of Allah be upon him) also decreed one-fifth of the treasure for the public treasury. The Holy Prophet (peace and blessings of Allah be upon him) also ruled that the dates of a tree belong to the one who grafts it, unless the buyer stipulates otherwise. The Holy Prophet (peace and blessings of Allah be upon him) also ruled that the property of a slave belongs to the master who sells it. The Holy Prophet (peace and blessings of Allah be upon him) also ruled that the child belongs to the owner of the bed and there will be stoning for the adulterer. The Holy Prophet (peace and blessings of Allah be upon him) also ruled that the partners in land and houses have the right of pre-emption. The Holy Prophet (peace and blessings of Allah be upon him) also ruled that Haml bin Malik (may Allah be pleased with him) would inherit from his wife who had been killed by another woman. The Holy Prophet (peace and blessings of Allah be upon him) also ruled that in case of killing a baby in the womb, a male or female slave would be obligatory on the killer, whose heirs would be the husband and sons of the murdered woman. When Haml bin Malik (may Allah be pleased with him) had children from both wives, the father of the killer, against whom the verdict was given, submitted to the Holy Prophet (peace and blessings of Allah be upon him), "O Messenger of Allah! How can I pay the compensation for the child who did not cry, who did not eat or drink anything, such things are left behind." The Holy Prophet (peace and blessings of Allah be upon him) said, "He is one of the soothsayers (who speaks in rhyming and rhythmic phrases)." Regarding the wide part of the road between the paths where the owners want to extend their construction, it was ruled that a space of seven cubits should be left for the path and this path should be called "Mita" (dead, desolate). Also, in the case of one, two, or three gardens where there is a dispute among the people regarding their rights, it was ruled that whichever garden or branch of a tree reaches a place, that place is included in that garden. Regarding the water channels in the gardens, the ruling was that the first one would irrigate his land before the second one and let the water reach the ankles, then he would release the water for the one next to him, and so on until the gardens are finished or the water runs out. It was also ruled that a woman should not give anything from her wealth to anyone without the permission of her husband. It was also ruled that two valleys would be divided equally in inheritance, one-sixth each. It was also ruled that if a person terminates his share in a slave and sets him free, and he has wealth with him, then it is obligatory on him to grant him complete freedom. It was also ruled that no person should harm or be harmed. It was also ruled that the oppressor has no right to the vein. It was also ruled that the people of the city should not be prevented from irrigating with the collected water of wells in the date gardens. It was also ruled that the villagers should not be prevented from taking excess water so that excess grass can be prevented by it. It was also ruled that the Dower of Kubra (the elder wife of the Holy Prophet (peace and blessings of Allah be upon him)) would consist of thirty Wasq (a measure of weight) of dates, thirty Wasq of barley, and forty pregnant camels. It was also ruled that the Dower of Sughra (the younger wife of the Holy Prophet (peace and blessings of Allah be upon him)) would consist of thirty Wasq of dates, thirty Wasq of barley, twenty female lambs, and twenty male kids. After the demise of the Holy Prophet (peace and blessings of Allah be upon him), when camels became expensive and Dirhams became a common thing, Umar Farooq (may Allah be pleased with him) fixed the price of the camels of Dower at six thousand Dirhams, in which one Uqiyah (a measure of weight) of silver was calculated for each camel. After some time, camels became even more expensive and Dirhams became even less valuable, so Umar (may Allah be pleased with him) added two thousand Dirhams, calculating two Uqiyahs per camel. After some time, when they became even more expensive, Umar (may Allah be pleased with him) fixed the amount of Dower at a total of twelve thousand Dirhams, calculating three Uqiyahs per camel, in which one-third of the Dower was added in Ash-hur-ul-Hurum (the Sacred Months) and the other third was added in Balad-ul-Haram (Makkah). Thus, the Dower of both Harams became a total of twenty thousand Dirhams. And it was said that animals could also be taken from the villagers in the Dower, they should not be burdened with gold and silver. Similarly, things equal to their value can be taken from every nation.