The basis for calling crying an "istihlal" (initiation/crying) is that it is the custom of the people that if they see the crescent moon, they shout and show it to one another. Thus, the shouting of the newborn was called istihlal because, in its appearance after being hidden, it is like the crescent moon, and its shouting is like the shouting of those who see it. As for our view, it is that its life has been known, so it is similar to the one who cries out (mustahill), and the report indicates by its meaning and its alerting nature the establishment of the ruling in other instances; for its drinking of milk is a greater indication of its life than its shouting, and its sneezing is a sound from it, so it is like its shouting. As for movement and isolated twitching, the ruling of life is not established by it, because it may move due to twitching or another cause, which is its emergence from a narrow passage, as flesh twitches, especially if it is squeezed and then released, so its life is not established by that.

Section Two: Its guarantee is only mandatory if its death due to the blow is known. This is achieved by its miscarriage occurring immediately and its death, or its remaining in pain until it dies, or its mother remaining in pain until she miscarries it, so that its death by the offense is known thereby, just as if one strikes a man and he dies immediately following his strike, or he remains chronically ill until he dies. If she delivers it alive, then another comes and kills it, and it had a stable life, then the retaliation (qisas) is upon the second if it was intentional, or full blood money is due. If it did not have a stable life, rather its movement was like the movement of a slaughtered animal, then the killer is the first, and upon him is the full blood money, and upon the second is disciplinary punishment (adab). If the fetus falls out alive, then remains for a while sound and in no pain, the striker does not guarantee it, because the apparent case is that it did not die from his offense.

Section Three: The full blood money is only mandatory for it if its miscarriage occurred at six months or more.