Neither of them is the entire fetus, nor all that is in the womb. This is the position held by the proponents of ra'y (independent reasoning/Hanafi school), the companions of Al-Shafi'i, and Abu Thawr.

Section: If he bequeaths the fruit of a tree, or an orchard, or the revenue of a house, or the service of a slave, it is valid, whether he bequeaths that for a known period or [bequeaths] all of the fruit and the benefit for all time. This is the opinion of the majority, among them: Malik, Al-Thawri, Al-Shafi'i, Ishaq, Abu Thawr, and the proponents of ra'y. Ibn Abi Layla said: A bequest of benefit is not valid, because it is non-existent. Our argument is that its transfer of ownership is valid through a contract of exchange, therefore a bequest of it is valid, like [bequests of] tangible assets. It is required that this be taken from the third of the estate. Ahmad explicitly stated this regarding the residence of a house, and it is the view of everyone who asserts the validity of a bequest of it. If it does not fall within the third, it is permitted to the extent of the third. Al-Shafi'i held this view as well. Malik said: If he bequeaths the service of his slave (11) for a year, and it does not fall within the third, the heirs have the choice between delivering his service for a year, or delivering [an amount equal to] a third of the wealth. The proponents of ra'y and Abu Thawr said: If he bequeaths the service of his slave for a year, the slave shall serve the legatee for one day and the heirs for two days, until the legatee completes the year; if the heirs wish to sell the slave, he is sold under this condition. Our argument is that it is a valid bequest, therefore its execution is obligatory according to its terms if it falls within the third, or to the extent that it falls (12) within the third, like other bequests or like tangible assets. Once this is established, whenever an appraisal of it is intended, if the bequest is restricted to a period, the one whose benefit was bequeathed is appraised as devoid of benefit for that period, then the benefit during that period is appraised, and it is examined how much its value is. If the bequest is absolute for all time, it has been said: The entity (raqabah) is appraised together with all its benefits, and it is considered whether it falls (13) within the third; because a slave who has no benefit, and a tree that has no fruit, generally has no value. It is also said: The entity is appraised for the heirs, and the benefit for the legatee. The method for this is that the slave is appraised