is contrary to the principles, and because if it were considered by its own nature, its entire value would be obligatory, like other items of property guaranteed by value. Furthermore, their inconsistency is greater than ours, because we considered it by its mother when it is dead, and by its own nature when it is alive, so it is permissible for the value of the dead [fetus] to exceed the living one with the difference of the two perspectives, just as it is permissible for the part to exceed the whole in that whoever cuts off all four limbs of a person, the obligation upon him is more than the blood money for the entire life. They, however, have preferred the female over the male despite the unity of the perspective, and they have made obligatory for that which is guaranteed by value a tenth of its value in one instance, and a half-tenth in another, and this has no parallel. Once this is established, the value of its mother is determined as of the day of the injury inflicted upon her. This is the explicit statement of al-Shafi'i. Some of his companions said: It is appraised at the time she miscarried, because the consideration in the guarantee for an injury is at the time of [the injury's] stabilization. A view can be derived for us to the same effect. Our position is that nothing intervened between the injury and the state of stabilization that necessitates a change in the compensation for the life, so the consideration is the state of the injury, just as if he wounded a slave, then market prices decreased due to an abundance of imports, then [the slave] died; the consideration is his value on the day of the injury. And because her value changes and decreases due to the injury, it is not appraised during the state of its decrease resulting from the injury, just as if he cut her hand and she died from its spread, or he cut her hand and she became ill due to that, then her wound healed.

Section: The child of the mudabbarah (slave promised freedom upon master's death), the mukatabah (slave in a contract of manumission), the one freed upon a condition, and the umm al-walad (slave who has borne her master's child) if she becomes pregnant by someone other than her master, has the same ruling as the child of a slave woman, because it is property, and the 'aqilah (male paternal relatives) do not bear any of that, because the 'aqilah do not bear the liability for a slave under any circumstances. As for the fetus of a woman who is partially free, it is like her, having the same proportion of freedom as she has. So if half of her is free, then half of it is free; there is in it a half-ghurrah (the prescribed payment for a fetus) for its heirs, and in the remaining half, there is a half-tenth of its mother's value for its master.

Section: If one has intercourse with a slave woman by mistake, or is deceived regarding a slave woman and marries her and makes her pregnant, and then someone strikes her and she miscarries, the fetus is free, and there is in it a ghurrah inherited from it by its heirs, and upon the one who had intercourse is a tenth of her value