English Translation

Abdullah narrated to us: Abu Kamil al-Jahdari narrated to us: al-Fudayl ibn Sulayman narrated to us: Musa ibn Uqbah narrated to us, from Ishaq ibn Yahya ibn al-Walid ibn Ubadah ibn al-Samit, from Ubadah, who said: Among the judgments of the Messenger of Allah, peace and blessings be upon him, were that a mine accident carries no liability, a well accident carries no liability, and the injury of an unspeaking animal carries no liability - the unspeaking animal being livestock or the like, and no-liability meaning that which is forfeited and for which no indemnity is due. He ruled that on buried treasure a fifth is due. He ruled that the dates of a palm tree belong to whoever pollinated it, unless the buyer stipulates otherwise. He ruled that the property of a slave belongs to whoever sells him, unless the buyer stipulates otherwise. He ruled that the child belongs to the marriage-bed, and for the adulterer is the stone. He ruled in favor of pre-emption between partners in lands and houses. He ruled in favor of Hamal ibn Malik al-Hudhali regarding his inheritance from his wife whom the other co-wife had killed. He ruled, concerning a slain fetus, a compensation of a slave, male or female, which was inherited by her husband and her sons - and he had children by both of his two wives. The father of the woman who had done the killing, against whom judgment was given, said: O Messenger of Allah, how can I be made to pay for one who neither cried out, nor gave a birth-cry, nor drank, nor ate? The like of that is void. The Messenger of Allah, peace and blessings be upon him, said: This is the talk of soothsayers. He ruled, concerning an open space lying along a road, when its owners later wanted to build upon it, that seven cubits be left for the road - and that road used to be called al-mitaa. He ruled, concerning one, two, or three palm trees, when people disputed over the rights pertaining to them, that each such palm tree has, as its enclosure, an area equal to the reach of its fronds. He ruled, concerning the watering of palm trees from a flood, that the higher land drinks before the lower, and the water is left until it reaches the ankles, then it is released to the next lower land, and so on until the gardens are finished or the water runs out. He ruled that a woman may not give away any of her wealth except with her husband's permission. He ruled in favor of the two grandmothers a sixth of the inheritance, shared equally between them. He ruled that whoever frees his share in a jointly owned slave is liable for completing his manumission if he has the means. He ruled that there is to be no harm and no reciprocating of harm. He ruled that an unjust claim carries no right. He ruled between the people of Madinah concerning palm trees, that the benefit of a well may not be withheld. He ruled between the people of Madinah that surplus water may not be withheld in order to withhold surplus pasture. He ruled, concerning the greater, aggravated blood-money, thirty she-camels in their fourth year, thirty in their fifth year, and forty pregnant she-camels; and he ruled, concerning the lesser blood-money, thirty she-camels in their fourth year, thirty in their fifth year, twenty she-camels in their second year, and twenty male camels in their second year. Then camels became expensive after the death of the Messenger of Allah, peace and blessings be upon him, and dirhams became cheap, so Umar ibn al-Khattab valued the camels of Madinah at six thousand dirhams, at the rate of one uqiyyah for each camel; then camels became more expensive and silver became cheap, so Umar ibn al-Khattab added two thousand, at the rate of two uqiyyahs for each camel; then camels became more expensive and dirhams became cheap, so Umar completed it to twelve thousand, at the rate of three uqiyyahs for each camel. He said: and a third of the blood-money was added for killing during a sacred month, and another third for killing in a sacred land, so the blood-money for the two Sanctuaries came to twenty thousand. He said: and it used to be said that from the people of the desert their livestock is taken, and they are not burdened with silver or gold, and from every people what is of equivalent value from their wealth is taken. Abdullah narrated to us: al-Salt ibn Mas'ud narrated to us: al-Fudayl ibn Sulayman narrated to us: Musa ibn Uqbah narrated to us, from Ishaq ibn al-Walid ibn Ubadah ibn al-Samit, from Ubadah, who said: Among the judgments of the Messenger of Allah, peace and blessings be upon him, was that a mine accident carries no liability - and he mentioned the like of Abu Kamil's hadith at length, except that they differed in the chain of transmission: Abu Kamil said in his account, from Ishaq ibn Yahya ibn al-Walid ibn Ubadah, that Ubadah said: Among the judgments of the Messenger of Allah, peace and blessings be upon him... while al-Salt said, from Ishaq ibn al-Walid ibn Ubadah, from Ubadah, that: Among the judgments of the Messenger of Allah, peace and blessings be upon him... and he mentioned the hadith.