and onwards; if it was less than that, then a ghurra (a slave/penalty) is due for it, just as if it fell out dead. Al-Muzani held this view. Al-Shafi'i said: There is full blood money for it because we knew it was alive, and it perished due to his offense. Our response is that no life was known for it in which its survival is conceivable, so no blood money is mandatory for it, just as if she delivered it dead, or like the slaughtered animal. As for their statement: "We knew it was alive," we say: Even if it falls out dead at six months, we have also known it was alive.
Section: If a woman claims against a person that he struck her, causing her to miscarry her fetus, and he denies the strike, his statement is accepted along with his oath, because the original state is the absence of the strike. If he admits to the strike, or it is proven by evidence, but he denies that she miscarried, his statement is also accepted along with his oath that he does not know that she miscarried, and he is not required to take an oath on certainty; because it is an oath regarding the denial of another's action, and the original state is the absence of it. If the miscarriage and the strike are proven by evidence or admission, but he claims that she miscarried without a blow, we examine: if she miscarried immediately following his blow, her statement is accepted, because the apparent case is that it resulted from it, due to its occurrence following something that could be a cause for it. If he claims that she struck herself, consumed medication, or someone else did that, and the miscarriage resulted from it, and she denies it, her statement is accepted along with her oath, because the original state is the absence of that. If she miscarried days after the strike, we examine: if she was in pain up until the time of the miscarriage, her statement is accepted. If she was not in pain, his statement is accepted along with his oath, just as if one struck a person who did not remain in pain or chronically ill, and died days later. If they differ regarding the presence of pain, his statement is accepted, because the original state is the absence of it. If she was in pain for part of the period, and he claims that she healed and her pain ceased, and she denies that, her statement is accepted, because the original state is its persistence. If it is proven that her miscarriage was due to the blow, and she claims it fell out alive, and he denies it, his statement is accepted along with his oath, unless
(10) In [M]: "in pain". (11) In [B], there is an addition: "clarification". (12) In [M]: "because he". (13) Omitted from [B] and [M].