its guarantee is obligatory, whether she delivers it during her life or after her death. This is the opinion of al-Shafi'i. Malik and Abu Hanifah said: If she delivers it after her death, he is not liable for it, because it follows the status of her limbs, and with her death, the ruling regarding her limbs ceases. Our argument is that it is a fetus that was destroyed by his offense, and this was known by its exit, therefore its guarantee is obligatory, just as if it had fallen during her life. Furthermore, if it fell alive, he would be liable for it; likewise if it falls dead, just as if she had miscarried it during her life. What they mentioned is not correct; because if it were so, then if it fell dead and then she died, he would not be liable for it, just like her limbs. Moreover, it is a human being who can inherit, so it does not enter into the guarantee of its mother, just as if it had emerged alive. As for if part of it appears from its mother's womb, and the rest has not emerged, a ghurrah is due upon him. Al-Shafi'i said this as well. Malik and Ibn al-Mundhir said: The ghurrah is not obligatory until she delivers it, because the Prophet (peace and blessings of Allah be upon him) only obligated the ghurrah for the fetus that the woman delivers, and this one has not delivered anything, so it is similar to if nothing of it had appeared. Our argument is that he is the killer of her fetus, so the ghurrah is binding upon him, just as if all of it had appeared. This differs from the case where nothing of it appeared, for in that case, its killing and its existence are not certain. Likewise, if she delivers a hand, or a leg, or a head, or a part of the parts of a human being, a ghurrah is obligatory; because we have verified that it is from a fetus. If she delivers two heads or four hands, no more than one ghurrah is obligatory; because it is possible that this came from one fetus, and it is possible that it is from two fetuses, so the excess is not obligatory along with doubt, because the basis is the release of liability. For this reason, its guarantee is not obligatory if it does not appear. If she miscarries that which does not have the form of a human being, there is nothing due for it, because we do not know that it is a fetus. If she miscarries a mudghah (chewed lump), and trustworthy midwives testify that it has a hidden form, there is a ghurrah for it. If they testify that it is the beginning of a human creation that would have taken form if it had remained, there are two opinions regarding it. The more correct of the two is that there is nothing for it, because it has not yet taken form, so nothing is due for it, like a clot (alaqah); and because the basis is the release of liability, so we do not burden it based on doubt. The second opinion is that a ghurrah is due for it, because it is the beginning of a human creation, similar to if it had taken form. This is invalidated by the drop (nutfah) and the clot (alaqah).