upon the killer, just as if he had cut intentionally, and the injury spread to the life.

1476- Issue: He said: "And if the fetus is a slave, then in it is a tenth of its mother's value, whether the fetus is male or female."

The entirety of this [subject] is that if the slave woman's fetus is a slave, and it fell out dead from the strike, then in it is a tenth of its mother's value. This is the opinion of al-Hasan, Qatadah, Malik, al-Shafi'i, Ishaq, and Ibn al-Mundhir. Al-Nakha'i and al-Zuhri said something similar. Zayd ibn Aslam said: A half-tenth of a ghurrah is obligatory for it, which is five dinars. Al-Thawri, Abu Hanifah, and his companions said: A half-tenth of its value is obligatory for it if it is male, and a tenth of its value if it is female, because the ghurrah which is obligatory for the fetus of a free woman is a half-tenth of the man's blood money and a tenth of the woman's blood money; since this is an item of property that has been destroyed, considering it by its own [nature] is more appropriate than considering it by its mother, and because it is a guaranteed fetus destroyed by the strike, so there is in it a half-tenth of the amount obligatory for it if it were a full-grown male, or a tenth of the amount obligatory if it were female, like the fetus of a free woman. Muhammad ibn al-Hasan said: The school of the people of Medina leads to the obligation of more for the dead fetus than its value if it were alive. Our position is that it is a fetus that died by injury in its mother's womb, so its guarantee does not differ [based on masculinity or femininity], like the fetus of a free woman. We reverse their argument against them by saying: It is a guaranteed fetus destroyed by injury, so the obligation for it is a tenth of what is obligatory for its mother, like the fetus of a free woman. What they mentioned regarding the deviation from the principle is countered by the fact that their school leads to preferring the female over the male, which is...