when no period has passed between the strike and the miscarriage that would dispel the assumption that it occurred because of the strike. It is known then that it happened after the existence of life within it. However, if she cast out the hand and the pain subsided, then she cast out the fetus, he is liable for the hand alone, in the position of one who severed a hand and it healed, and then its owner died. We then consider: if she cast it out dead, or alive at a time when its equivalent could not live, then there is a half-ghurra for the hand; because for the whole [fetus] there is a ghurra, so for its hand there is half its indemnity. If she cast it out alive at a time when its equivalent could live, then it died, or lived, and there was a period between the casting of the hand and the casting of the fetus during which it is possible that life had not been created [in it before that], the midwives are to be consulted here. If they say: It is the hand of one in whom life was not created, a half-ghurra becomes due. If they say: It is the hand of one in whom life was created, and six months have passed, then there is half the blood money. If they say: It is the hand of one in whom life was created, and six months have not passed, a half-ghurra becomes due for it; because it is the hand of one for whom no more than a ghurra is due, so it is similar to the hand of one into whom a soul has not been breathed. If the matter is ambiguous to them, a half-ghurra becomes due; because that is the certain amount, and anything beyond that is doubtful, and therefore it does not become due based on doubt.

1478 - Issue: He said: (And upon everyone who struck, from those I have mentioned, is the manumission of a believing slave, regardless of whether the fetus was alive or dead.)

This is the position of the majority of scholars, among them: al-Hasan, 'Ata', al-Zuhri, al-Hakam, Malik, al-Shafi'i, and Ishaq. Ibn al-Mundhir said: Everyone we have memorized from among the people of knowledge