On the authority of Ibn ʿAbbās, from ʿUmar, that he asked about the ruling of the Prophet ﷺ in that matter. Then Ḥamal ibn Mālik ibn al-Nābighah stood up and said: I was between two women, and one of them struck the other with a tent pole, killing her and her fetus. So the Messenger of Allah ﷺ ruled regarding her fetus that a ghurrah be paid, and that she be killed.

(1) Its chain of transmission is sound, except for the mention of killing the woman who committed the killing, for this is not found in any of the other paths of this hadith except this one, as stated by the imams: al-Khaṭṭābī in Maʿālim al-Sunan, al-Mundhirī in Mukhtaṣar al-Sunan, al-Bayhaqī in al-Sunan al-Kubrā 8/43, and others. This is because the well-preserved account is that the Prophet ﷺ only ruled regarding her fetus that a ghurrah be paid, and that the blood money be borne by her ʿāqilah, as comes in the hadith of al-Mughīrah ibn Shuʿbah previously cited by the author under no. 4568, and the hadith of Abū Hurayrah to follow under no. 4576, both of whose chains of transmission are sound, and as in the hadith of Jābir ibn ʿAbd Allāh to follow under no. 4575.

Likewise, Sufyān ibn ʿUyaynah narrated it from ʿAmr ibn Dīnār, according to ʿAbd al-Razzāq (18343) and others, and he did not mention this phrase.

Ibn ʿUyaynah narrated it in the path that follows in the author's work, and Ḥammād ibn Zayd according to al-Nasāʾī in al-Kubrā (6991), both from ʿAmr ibn Dīnār, from Ṭāwūs, that ʿUmar ibn al-Khaṭṭāb... as a mursal report. The killing of the woman who committed the killing is also not mentioned in it. They differed from Ibn Jurayj and transmitted it as mursal, although al-Bukhārī declared the connected transmission sound, as al-Tirmidhī reported from him in al-ʿIlal al-Kabīr, 2/587, and likewise al-Bayhaqī declared it sound in al-Sunan al-Kubrā 8/43, and Ibn Ḥazm in al-Muḥallā 10/383.

Likewise, Ibn Jurayj narrated it according to ʿAbd al-Razzāq (18342), and Maʿmar also according to him (18339), and Ibn ʿUyaynah according to al-Shāfiʿī in his Musnad 2/103–104, all three from Ibn Ṭāwūs, from his father, as a mursal report. The killing of the woman who committed the killing is not in it.

Thus it is established that the mention of killing the woman who committed the killing in this hadith is a shādhdh (anomalous) addition, and Allah knows best.

It was also transmitted via the author's path by Ibn Mājah (2641), and al-Nasāʾī in al-Kubrā (6915), from the path of Ibn Jurayj, with this chain of transmission.

It is also in Musnad Aḥmad (3439), and Ṣaḥīḥ Ibn Ḥibbān (6021). See what follows it. =