Hadith 166

(The book) ‘Al Kafi’ – The number, from Sahl and Muhammad Bin Yahya, from Ahmad Bin Muhammad and Ali, from his father, altogether from Ibn Mahboub, from Hammad Bin Isa, from Sawwar, from Al Hassan who said, ‘When Ali-asws defeated Talha and Al-Zubeyr, the people came back defeated, so they passed by a pregnant woman upon the road. She panicked from them, and aborted what was in her belly, alive. It was restless until it died. Then its mother died from after it’. Ali-asws and his companions passed by her and she and her child were lying upon the road. He-asws asked them about her matter, and they said to him-asws, ‘She was pregnant, so she panicked when she saw the fighting and the defeat’. He-asws asked them: ‘Which of the two died before its companion? ’ They said, ‘Her son dies before her’. He-asws called for her husband, father of the deceased boy, and he-asws made him inherit two-thirds wergild from his son, and her mother to inherit one-third of his wergild. Then the husband inherited from his dead wife, half of the wergild which she had inherited from her dead son, and the relatives of the deceased inherited the remainder’. He (the narrator) said, ‘Then the husband inherited as well from the wergild of the deceased wife, half the wergild, and it was two thousand and five hundred Dirhams. And the relatives of the dead woman inherited half the wergild, and it was two thousand and five hundred Dirhams, and that is because there did not happen to be any child for her other than the one she had been thrown with when she panicked’. He (the narrator) said, ‘And all of that was paid from the public treasury of Al-Basra’’. [43]