(2225) - (حديث شداد بن أوس مرفوعا: " إذا قتلت المرأة عمدا لم تقتل حتى تضع ما فى بطنها وحتى تكفل ولدها " رواه مسلم [1] .
Shaddad ibn Aws (radhiallahu `anhu) narrated on the Authority of the Messenger of Allah (peace and blessings be upon him) who said : "
If a woman kills intentionally, she will not be killed until she delivers what is in her womb and brings up her child
Another version states
الْمَرْأَةُ إِذَا قَتَلَتْ عَمْدًا لاَ تُقْتَلُ حَتَّى تَضَعَ مَا فِي بَطْنِهَا إِنْ كَانَتْ حَامِلاً وَحَتَّى تُكَفِّلَ وَلَدَهَا وَإِنْ زَنَتْ لَمْ تُرْجَمْ حَتَّى تَضَعَ مَا فِي بَطْنِهَا وَحَتَّى تُكَفِّلَ وَلَدَهَا "
Mu'adh bin Jabal, Abu Ubaidah bin Jararah, Ubadah bin Samit and Shaddad bin Aws narrated that the Messenger of Allah (ﷺ) said:
“If a woman kills someone deliberately, she should not be killed until she delivers what is in her womb, if she is pregnant, and until the child's sponsorship is guaranteed. And if a woman commits illegal sex, she should not be stoned until she delivers what is in her womb and until her child's sponsorship is guaranteed.”
[Ref: Sunan ibn Majah, Book 21, Hadith 2797]
(2226) - (حديث: " قوله صلى الله عليه وسلم للغامدية: ارجعى حتى تضعى ما فى بطنك , ثم قال لها: ارجعى حتى ترضعيه ... الحديث " رواه أحمد ومسلم وأبو داود.
His (peace and blessings be upon him) statement to Al-Ghaamidiyyha (who was guilty of a crime that demanded punishment): “Go until you deliver what is in your womb. (She came after the delivery) and he said, „Go back until you suckle him.
[Ref: Saheeh Ahmad (5/347, 348), Muslim (5/120) and Abu Dawood (4442). A woman came to the Prophet and said that she had committed fornication and that she was pregnant. The Prophet did not stone her until she delivered her pregnancy and then suckled her baby. When the baby became able to eat (and had someone take care of him) then the Prophet ordered that she be punished. [Narrated by Muslim]]
Note: How the Messenger of Allah did not ask other nursing women to take care of the baby even when that was the custom and even when the woman came voluntarily to seek her punishment. Neither did he open an orphanage and he could have easily done all of this, yet his justice and wisdom in giving the mother the right to look, feed, take care of her baby and let the baby suckle and be with the mother for some years is beyound words
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