If he does not find a ghurrah, he shifts to five camels, according to the opinion of al-Khiraqi. According to others, he shifts to fifty dinars or six hundred dirhams.
Fifth Section: The ghurrah is inherited from the fetus, as if it had been born alive, for it is its blood money and its substitute. Thus, its heirs inherit it, just as if it had been killed after birth. This is the opinion of Malik, al-Shafi'i, and the People of Opinion (Ashab al-Ra'y). Al-Layth said: It is not inherited, but rather becomes a substitute for its mother, because it is like a limb of hers, so it resembles her hand. Our position is that it is the blood money of a free human, so it must be inherited from it, just as if she had given birth to it alive and it then died. His statement that it is a limb of hers is incorrect, for if it were a limb, its substitute would be included in the blood money of its mother, like her hand, and the punishment of qisas (retaliation) would not be prevented from the mother, nor would the hadd punishment be established against her on its account, nor would the kaffarah (expiation) be required for killing it, nor would its emancipation be valid independent of hers, nor hers independent of his, nor would its life be conceivable after her death. Furthermore, every person whose life is guaranteed by blood money is inherited from, just like the blood money of a living person. Consequently, if she miscarries a dead fetus, then dies, she inherits her share of the ghurrah, then her heirs inherit it from her. If she miscarries it alive, then it dies before her, then she dies, she inherits her share of its blood money, then her heirs inherit it from her. If she dies before it, then she casts it out dead, neither of them inherits from the other. If it emerges alive, then she dies before it, then it dies, or she dies, then it emerges alive and then dies, it inherits from her, then its heirs inherit from it. If their heirs disagree regarding which of them died first, their ruling is the same as the ruling for those who drown, as mentioned in its proper place. According to the opinion of al-Khiraqi regarding the issue he mentioned, if a woman and her son die, the heirs of each of them swear an oath and receive their share of his inheritance. If she casts out a fetus dead, or alive and it then dies, then she casts out another alive...
(44) In B, there is an addition: "min" (from). (45) In M: "diyatuhu" (its blood money). (46) In B: "warathatuha" (her heirs). What is in the original and M means that the remaining ghurrah is inherited by its heirs. (47) In M, there is an addition: "She died before it, then she cast it out dead, neither of them inherits from the other, and if it emerges" - this is a repetition of what is to come. (48) Omitted from: M. (49) In the original and B: "warathatuhuma" (the heirs of both). (50) It was previously discussed in the Book of Inheritance (Kitab al-Fara'id) 9/170.