(40, 41) باب صِفَةِ شِبْهِ الْعَمْدِ وَعَلَى مَنْ دِيَةُ الأَجِنَّةِ وَشِبْهِ الْعَمْدِ وَذِكْرِ اخْتِلاَفِ أَلْفَاظِ النَّاقِلِينَ لِخَبَرِ إِبْرَاهِيمَ عَنْ عُبَيْدِ بْنِ نُضَيْلَةَ عَنِ الْمُغِيرَةِ .
It was narrated from Al-Mughirah bin shu'bah that:
there were two co-wives, one of whom struck the other with a tent people and killed her. The Messenger of Allah ruled that the Diyah was to be paid by the 'Asabah of the killer, and that a slave should be given (as diyah) for the child in her womb. The Bedouin Said: "Are you penalizing me for one who neither ate nor drank, or shouted or cried (at the moment of birth)? Such a one should be overlooked/" He said: "Rhyming verse like the verse of the Jahiliyyah," and he ruled that a slave should e given (as Diyah) for the child in her womb.
Reference: Sunan an-Nasa'i 4823
In-book reference: Book 45, Hadith 118
English translation: Vol. 5, Book 45, Hadith 4827