due to dubiety (shubhah), her child is free, and in it is the ghurrah. However, if the fetus is judged to be enslaved, the ghurrah is not obligatory for it, and the ruling on that will follow. As for the fetus of a Dhimmi woman (Kitabiyyah) or a Magian woman, if it is judged to be in a state of disbelief, in it is one-tenth of its mother's blood money. This is the opinion of al-Shafi'i, Abu Thawr, and the proponents of rational deduction. Ibn al-Mundhir said: I have not memorized any opposition to them from anyone else. This is because the fetus of a free Muslim woman is guaranteed by one-tenth of its mother's blood money; likewise is the fetus of a disbelieving woman. However, the proponents of rational deduction see that the blood money of a disbelieving woman is like the blood money of a Muslim woman, so there is no difference between them in their view. If the parents of the fetus are disbelievers of different faiths—such as the child of a Kitabi man from a Magian woman, or a Magian man from a Kitabiyyah—we consider it based on the one among them with the higher blood money, so we mandate for it one-tenth of the blood money of a Kitabiyyah in any case; because the child of a Muslim man from a disbelieving woman is evaluated based on the one with the higher blood money, thus it is the same here. There is no difference in what we have mentioned between the fetus being male or female, because the Sunnah did not distinguish between them. This is the opinion of al-Shafi'i, Ishaq, Abu Thawr, the proponents of rational deduction, and the general body of scholars. If one strikes the abdomen of a Kitabiyyah pregnant by a Kitabi, then one of its parents converts to Islam, and then she miscarries it, a ghurrah is due in it, according to the opinion of Ibn Hamid and al-Qadi. This is the apparent meaning of Ahmad's words, and the school of al-Shafi'i; because the guarantee is evaluated based on the state at the time the offense is established, and the fetus is judged to be Muslim at the time it is established. According to the opinion of Abu Bakr and Abu al-Khattab: one-tenth of the blood money of a Kitabiyyah is due in it; because the offense occurred while it was in the state of [being subject to] the ghurrah. If one strikes the abdomen of a slave-woman and she is subsequently emancipated, then she delivers the fetus, then according to the opinion of Ibn Hamid and al-Qadi, a ghurrah is due in it. According to the opinion of Abu Bakr and Abu al-Khattab, one-tenth of its mother's value is due in it; because the offense occurred while it was in a state of being a slave. It is possible to deny that it became free; because the manifest outcome is its destruction by the offense, and after its destruction, it cannot be liberated. According to the opinion of these two, what is due for it belongs to its master. According to the opinion of Ibn Hamid, the master is entitled to the lesser of the two matters: the ghurrah or one-tenth of its mother's value; because if the ghurrah is the greater amount,