it is not entitled to the excess, because it increased due to the freedom attained by the cessation of its ownership. If it is less, he is not entitled to more than that, because the deficiency resulted from emancipating it, so he is not guaranteed for it, just as if he cut off the hand of a slave, then his master emancipated him, and he later died as a result of the offense; he is entitled to the lesser of the two: the blood money of a free person or half of its value, and what remains beyond the master's right belongs to the heirs of the fetus. As for if one strikes the abdomen of a slave-woman, and the master emancipates her fetus alone, you must observe: if she miscarries it alive at a time when its like would survive, then in it is the blood money of a free person. Ahmad explicitly stated this. If it is at a time when its like would [not] survive, then in it is a ghurrah; because it is free according to the opinion of Ibn Hamid. According to the opinion of Abu Bakr, there is one-tenth of the value of its mother upon him. If she miscarries it dead, in it is one-tenth of the value of its mother; because we do not know if it was alive at the time of its emancipation. It is possible that the ghurrah is obligatory upon him; because the basis is the continuity of its life, so it is similar to if he had emancipated its mother.

Second Section: The ghurrah is only obligatory if it is miscarried due to the blow, and this is known if it is miscarried immediately following the blow, or [by her remaining in pain] until it is miscarried. If one kills a pregnant woman but her fetus is not miscarried, or one strikes someone who has movement or bloating in their womb, and the movement ceases and is dispelled, he does not guarantee the fetus. This is the opinion of Malik, Qatadah, al-Awza'i, al-Shafi'i, Ishaq, and Ibn al-Mundhir. It was narrated from al-Zuhri that a ghurrah is due upon him; because the outward appearance is that he killed the fetus, so the ghurrah is binding upon him, as if she had miscarried. Our argument is that the ruling of the child is not established except by its exit; therefore, a will or inheritance for it is not valid. Also, because the movement could be due to gas in the abdomen that subsided, and a guarantee is not obligatory based on doubt. As for when she delivers it dead, it has been verified, and the outward appearance is its destruction by the blow, thus its guarantee is obligatory.