ShamelaTranslate
Search
Sign in
ShamelaTranslate

© 2026 ShamelaTranslate. Scholarly Open-Access Project.

AboutContactDonateImprintPrivacyTermsRight of WithdrawalCancel a subscription
Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 12 · Page 68Section

Translation · EN

another alive, then in the dead one there is a ghurrah, and in the first living one there is full blood money, provided that its miscarriage occurred at a time when one like it could survive, and the other inherits from both, then its heirs inherit from it if it dies. If the mother died after the first and before the second, the mother and the second fetus inherit from the first's blood money; then, when the mother dies, the second inherits from her, and then his inheritance passes to his heirs. If the mother died after both, she inherits from both of them.

Section: If he strikes a woman's belly and she casts out multiple fetuses, then for each one there is a ghurrah. This is the opinion of al-Zuhri, Malik, al-Shafi'i, Ishaq, and Ibn al-Mundhir. He said: "I do not recall any disagreement among others." This is because it is the guarantee of a human life, so it multiplies according to the number of beings, like blood money. If she casts them out alive at a time when those like them could survive and then they die, then for each one there is full blood money. If some of them were alive and died, and some were dead, then for the living one there is blood money, and for the dead one there is a ghurrah.

Section: The 'aqilah (agnatic kin) bear the blood money of the fetus if it dies with its mother. Ahmad explicitly stated this if the injury against her was by mistake (khata') or quasi-intentional (shibh 'amd), because of what al-Mughirah ibn Shu'bah narrated, that the Messenger of Allah (peace be upon him) decreed regarding a fetus a ghurrah—a male or female slave—to be paid by the 'asabah (agnatic heirs) of the perpetrator. If the killing of the mother was intentional, or the fetus died alone, the 'aqilah do not bear it. Al-Shafi'i said: The 'aqilah bear it in all cases, based on his statement that the 'aqilah bears both small and large amounts. The injury to the fetus is not intentional, because its existence is not established to be the target of the strike. Our position is that the 'aqilah does not bear what is less than a third, as we have mentioned, and this is less than a third. If it dies from an intentional injury, then the blood money of its mother is upon her killer, and likewise is its blood money, because the injury—if the perpetrator bears some of its blood money and others bear some of it—would mean the entirety is...

Notes

(51) Omitted from: the original, B. (52) In B: "warithahu" (his heirs inherit from him). (53) In B and M: "wahidah" (one). (54) In M: "wa-tahammuhu" (and bear it). (55) In M, there is an addition: "wahdahu aw" (alone or). (56) In the original: "jinayatihi" (his injury).

PreviousVolume 12 · Page 68Next
Previous12·68Next