one of them has evidence, the blood money of the male becomes due; because evidence has been established regarding its crying out, while the counter-evidence to it is negative, and affirmation is prioritized over negation. If it is said: Then it is appropriate that the blood money for both the male and the female should be due. We say: The blood money for the female is not due; because the one entitled to it has not claimed it, and he is a denier of the evidence that testifies to it. If he claimed crying out from both of them, it is established by the two sets of evidence. If there is no evidence, and the perpetrator confesses to the crying out of the male, but the paternal relatives (aqila) deny it, then their statement is accepted along with their oaths. Once they have sworn, the blood money for the female and the ghurra (penalty) are upon them, if it is such that it bears the ghurra, and the remainder of the male's blood money is upon the assailant, which is half of the blood money, and the paternal relatives do not bear it; because it is established by his confession. If they agree that one of them cried out, but it is not known which one, the blood money of a female is incumbent upon the paternal relatives; because it is certain, while the remainder of the male's blood money is doubtful, and the original state is the acquittal of liability from it, so it does not become due based on doubt. The ghurra is due for the one that did not cry out.

Section: If he struck her and she cast out a hand, then she cast out a fetus, if the casting of both was close in time, or the woman remained in pain until she cast it out, the hand is included in the indemnity for the fetus; because the apparent situation is that the strike severed its hand and spread to its life, so it is similar to the case where one severs a man's hand and the severing spreads to his life. Then, if the fetus fell dead, or alive at a time when its equivalent could not live, then it is a ghurra. If she cast it out alive at a time when its equivalent could live, then it is full blood money. If it remained alive and did not die, then the assailant is liable for the hand with its blood money, in the position of one who severed a man's hand and it healed. The Qadi and some of the Shafi'i scholars said: Midwives are to be asked. If they say: It is the hand of one in whom life was not created, then it is half a ghurra. If they say: It is the hand of one in whom life was created, then it is half the blood money. Our position is that the fetus only possesses the preservation of life if it was alive for a long duration before its birth, the minimum of which is two months, according to what the report of the Truthful and Trusted [Prophet] indicated, regarding the fact that the soul is breathed into it after four months, and the minimum that remains after that is two months; because it does not live if she delivers it at less than six months, and the discussion is posited regarding what