for its master; because were it not for the assumption of freedom, this fetus would have been property for its master, and upon its striker would be a tenth of its mother's value. When it became free by reason of the intercourse, it stood between its master and this amount, so we obligated that [amount] upon the striker for the master, whether it is equal to the amount of the ghurrah, or more than it, or less.

Section: If the fetus of a dhimmi woman miscarries, when both a Muslim and a dhimmi had intercourse with her in a single period of purity, certainty is required, which is what is in the fetus of a dhimmi. If it is attributed thereafter to the dhimmi, he has fulfilled what is upon him, and if it is attributed to a Muslim, he is liable for the remainder of the ghurrah. If he struck the belly of a Christian woman and she miscarried, and she claimed or her heirs claimed that it was from a Muslim, conceived through intercourse by mistake or adultery, and the perpetrator confessed, a full ghurrah is upon him. If it is from that which the 'aqilah (male paternal relatives) bear, and he also confessed, then the ghurrah is upon them. If they deny it, they must swear an oath, and upon them is what is in the fetus of two dhimmis, and the remainder is upon the perpetrator; because it was established by his confession, and the 'aqilah do not bear a confession. If the 'aqilah confesses but not the perpetrator, the ghurrah is upon them along with the blood money of the mother. If the perpetrator and the 'aqilah both deny it, their word is accepted, along with their oaths that we do not know that this fetus is from a Muslim; they are not obligated to take a definitive oath because it is an oath of negation regarding the act of another. If they swear, the blood money of a dhimmi becomes due, because the basic principle is that the child is a follower of its mother, and because the basic principle is the freedom from liability. If it is from that which the 'aqilah does not bear, the word is the word of the perpetrator alone with his oath. If the Christian woman were the wife of a Muslim, and the perpetrator claimed that the fetus is from a dhimmi by intercourse of mistake or adultery, the word is the word of the heirs of the fetus, because the fetus is deemed Muslim, as the child belongs to the marriage bed.

Section: If a slave woman is owned by two partners, and she conceives a child who is property, and one of them strikes her and she miscarries, an expiation is upon him because he destroyed a human being. He guarantees to his partner half of a tenth of her mother's value, and the guarantee for his [own] share drops, because it is his property. If the striker manumits her after striking her, and he was insolvent, then she miscarries, his share of her and her child becomes free, and he owes his partner half of a tenth of the mother's value, and he owes a half-ghurrah for the sake of the half which became free, which is inherited