a full ghurrah is mandatory for it, and its blood money and the blood money of its mother are upon his Muslim 'aqilah, in consideration of the state of stabilization.

1477- Issue: He said: "If he strikes her abdomen, and she casts out a live fetus, then it dies from the blow, then it carries the blood money of a free person if it was free, or its value if it was a slave, provided that its miscarriage occurred at a time when its likes would survive, which is six months or more."

This is the view of the general body of scholars. Ibn al-Mundhir said: All the scholars whom we have memorized from among the people of knowledge are in consensus that in the case of a fetus that falls out alive from a strike, there is a full blood money. Among them are Zayd ibn Thabit, 'Urwah, al-Zuhri, al-Sha'bi, Qatadah, Ibn Shubruma, Malik, al-Shafi'i, Ishaq, Abu Thawr, and the Ahl al-Ra'y (proponents of opinion). This is because it died from his offense after its birth, at a time when its likes would survive, so it is similar to killing it after its delivery. There are three sections to this issue:

One of them: It is only guaranteed with blood money if she delivers it alive. Whenever its life is known, this ruling is established for it, whether it is established by its crying (istihlal), nursing, breathing, sneezing, or other signs by which its life is known. This is the apparent view of al-Khiraqi and is the madhhab (school) of al-Shafi'i. It was narrated from Ahmad that the ruling of life is not established for it except by its crying (istihlal). This is the view of al-Zuhri, Qatadah, Malik, and Ishaq. The same has been narrated from 'Umar, may Allah be pleased with him, Ibn 'Abbas, al-Hasan ibn 'Ali, and Jabir, may Allah be pleased with them; due to the saying of the Prophet (peace and blessings of Allah be upon him): "If a newborn cries (istahalla), it inherits and is inherited from." The implication is that it does not inherit if it does not cry. Al-istihlal is crying out, as stated by Ibn 'Abbas, al-Qasim, and al-Nakha'i; because the Prophet (peace and blessings of Allah be upon him) said: "There is no newborn that is born but that the Shaytan touches it, so it cries out (fa-yastahillu) screaming, except for Maryam and her son." Thus, it is not permissible to accept other than what the Messenger of Allah (peace and blessings of Allah be upon him) has said.